Rajesh K.P vs State Of Kerala And Ors

Application for pre-arrest bail. The petitioner is the sole accused in Crime No.820/2020 of Mattannur Police Station, Kannur District registered for the offences punishable under Sections 376(2)(f) of the Indian Penal Code.

The prosecution allegation is that this petitioner, who was having close acquaintance with the defacto complainant promised to marry her and invited her to his residence on 20.12.2019 and when she reached there he committed rape on her and thereby committed the aforesaid offences.

The learned counsel for the petitioner submits that this petitioner is totally innocent of the allegations levelled against him. He did not commit any offence of rape as alleged by the prosecution. In fact, she is a close relative of this petitioner and as such having close acquaintance with her from his childhood. There was a proposal for marriage in the year 2019 and he also agreed for the marriage, but later he came to know that the defacto complainant was having sexual relationship with another person and she had already filed a complaint against that person and that a case has been registered as Crime No.648/2020 for various offences including an offence under Section 376(2)(n). Her allegation in that case was that the accused committed rape on her on various days from the month of August 2018 till 11.12.2020. Now the case is pending for investigation. When this petitioner came to know about the said case, he was not willing to proceed with the marriage proposal and he contacted her parents and relatives and informed the same. Then all on a sudden at their instigation the defacto complainant has falsely implicated him in this case. In fact he is totally innocent but he apprehends arrest and hence this application.

The learned Public Prosecutor has not raised serious objection in considering the application filed by this petitioner for pre-arrest bail.

As per her statement dated 24.12.2020 the alleged incident was on 20.12.2019. On a perusal of the record produced by the learned counsel for the petitioner, I could not find any satisfactory explanation on her side so as to lodge the complaint after one year of the alleged incident. Moreover, the defacto complainant is having a case that she was subjected to rape by the accused in Crime No.648/2020 for about 2 years and it appears that she was having close acquaintance with the accused in that case also, at the same time.

Considering the entire facts involved in this case, I do not find any reason to think that the presence of this petitioner in custody is required for the investigating agency to proceed with the investigation of the case. Moreover, both the crimes are under investigation and hence the apprehension expressed by this petitioner that he may be arrested and subject to torture by the police prima facie appears to be a genuine. Considering the said fact, I am inclined to allow this petition and to grant pre-arrest bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of his arrest.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.