Rakesh vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No. 527/2022 of Hemambika Nagar Police Station, Palakkad. The offences alleged against the petitioner are under Sections 451 and 376(2)(n) of the Indian Penal Code, 1860.

According to the prosecution, the accused had, from the year 2016 onwards committed rape on the victim under the pretext of marriage and on 03.09.2022 also he tresspassed into the house of the victim and raped her, and thereby committed the offences alleged.

Sri.Jacob Sebastian, learned Counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that even if the allegations are assumed to be true, the same would only reveal instances of a consensual sexual relationship and therefore, the petitioner having been arrested on 05.09.2022, the continued detention of the petitioner is not essential.

Sri.K.A. Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the prosecution allegations are serious and that the petitioner is alleged to have repeatedly exploited the victim sexually from 2016 onwards.

I have perused the statement of the victim and also the gone through the records.

Even though the allegations against the petitioner are serious in nature, having regard to the circumstances of the case, I am of the view that the continued detention of the petitioner is not essential for the purpose of investigation. Accordingly, this bail application is allowed on the following conditions.

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.