Ratheesh.T.S.Vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 1st accused in Crime No.1529 of 2021 of Kunnathunadu Police Station registered for the offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860 and also under Sections 66(E) and 67(A) of the Information Technology Act, 2000.

The prosecution case is that, the accused committed rape on the survivor on several occasions from 05.06.2020 onwards and captured her nude photographs and uploaded it on the social media and thereby committed the offences alleged against him.

Sri.Lindons C.Davis, the learned counsel for the petitioner, submitted that the prosecution case is totally false and that, even if the entire allegations are assumed for arguments sake to be true, still, it would only make out a case of a consensual relationship. It was further pointed out that the statement of the victim itself clearly indicates only a physical relationship with consent. However, when the victim refused to marry the petitioner, he threatened the victim with the photographs and the video-graphs allegedly in his possession. To overcome the above threats, the crime was registered.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that though the final report has already been filed, releasing the petitioner on bail would prejudice the prosecution case. It was further submitted that the petitioner is highly influential and that, if he is released on bail, there is every chance of him even absconding apart from being a threat to the victim.

On a perusal of the statement given by the victim and on an appreciation of the various factors arising in the case, I am satisfied that the continued detention of the petitioner would not serve any purpose, especially since the final report has already been filed.

On an appreciation of the records of the case and the other materials, I am of the view that even though the allegations against the petitioner are serious in nature, the continued detention of the petitioner is not required. Hence, the petitioner is entitled to be released on bail. Accordingly, I allow this application on the following conditions:-

(a) Petitioner shall be released on bail on his 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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.