Ratheeshkumar 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 sole accused in Crime No.556/2022 of Kannanalloor Police Station. The offences alleged against the petitioner are under Sections 376, 417, 323 and 506 of the Indian Penal Code, 1860

According to the prosecution, petitioner had after obtaining consent pursuant to a promise of marriage, indulged in sexual relationship with the defacto complainant and thereafter backtracked from the promise and, thereby committed offences alleged against him.

Sri.George Sebastian, learned Counsel for the petitioner submitted that the petitioner is a widower, and the alleged victim had, indulged in consensual physical relationship with the petitioner. It was further pointed out that in respect of another crime registered on the basis of a complaint raised by the mother of the victim, when she went missing, the victim had filed a statement before the Police as well as the Magistrate that she had gone on her own volition and that she wanted to go with the petitioner and further that petitioner had never assaulted the victim. However, subsequently, the victim changed her stance and alleged that petitioner had sexually assaulted her.

Smt.Nima Jacob, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the petitioner if released on bail, would be a threat to the witnesses and that he may tamper with the evidence.

The allegations against the petitioner are serious in nature. However, taking note of the circumstances that the petitioner was arrested on 19.06.2022, I am of the view that the continued detention of the petitioner is not required in the nature of allegations. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a 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.

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

(e) 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.