Rajesh O.P vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.1111 of 2021 of Ernakulam Town North Police Station, alleging commission of offences under Section 376(2)(n) and Section 417 of the Indian Penal Code. The allegation against the petitioner is that the petitioner made a false promise of marriage to the victim, who is the defacto complainant and started living with her at an apartment at Ashoka Road, Kaloor. It is alleged that the petitioner had sexual intercourse with the victim and that he had cheated the victim. It is also alleged that the victim had become pregnant from the petitioner.

The learned counsel for the petitioner would submit that the petitioner is innocent and that the allegations against him are incorrect. It is submitted that the petitioner and the victim/defacto complainant were living together and this by itself is not a crime. It is submitted that the allegations were leveled against him by the victim/defacto complainant on account of some misunderstanding. Reference is made to the First Information Statement given by the victim to show that admittedly, the victim and the petitioner were living together from December 2020 and that the the First Information Statement was given only on 20.08.2021. The learned counsel for the petitioner also submitted that the investigation in the matter is complete and that his continued detention is not required in connection with the investigation in the case.

The learned Public Prosecutor on instructions would submit that very serious allegations have been raised against the petitioner and that the investigation in the matter is only progressing. He also submits that unnecessary and unwanted allegations have been raised against the victim/defacto complainant by the petitioner and further that it was improper on the part of the petitioner to produce photographs to suggest that the petitioner and the defacto complainant/victim were living together consensually.

Having regard to the facts and circumstances of the case and taking note of the fact that the petitioner has been in custody from 20.08.2021, I am of the opinion that this Bail Application can be allowed with stringent conditions, despite the vehement objection of the learned Public Prosecutor. Accordingly, this Bail Application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Additional Chief Judicial Magistrate Court, Ernakulam;

(ii) The petitioner shall appear before the investigating officer in Crime No.1111 of 2021 of Ernakulam Town North Police Station on every Saturday at 11 am until further orders.

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the defacto complainant or any witness in Crime No.1111 of 2021 of Ernakulam Town North Police Station;

(iv) The petitioner shall surrender his passport before the Additional Chief Judicial Magistrate Court, Ernakulam and if the petitioner does not have a passport, he shall execute an affidavit containing a statement that he is not holding any passport. This shall be done within 7 days of release on bail and produce the same before the said court.

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions imposed by this Court are violated, it will be open to the investigating officer to apply for cancellation of bail.