Sahal T Yousaf vs State Of Kerala

Gopinath.P, J

The petitioner is the accused in Crime No. 287/2022 of Ernakulam Town North Police Station, Ernakulam District alleging commission of offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner entered into a relationship with the victim and entered into sexual relationships with her on the false promise of marriage. There is also an allegation that after the victim became pregnant, she was forced to abort her pregnancy at the instance of the petitioner.

Sri.S.Sreekumar, the learned Senior Counsel appearing for the petitioner would submit that even going by the contents of the first information statement, the petitioner and the victim were living together and in a relationship. It is submitted that the petitioner and the victim had travelled together to various places and any relationship between them was purely consensual. It is submitted that there is no element of rape and that the petitioner was always ready and willing to marry the victim. However, it was the victim who stated that her parents may not agree the relationship with the petitioner. It is submitted that the petitioner is in custody since 28.02.2022 and his continued detention is not necessary for the purposes of the investigation.

Learned Public Prosecutor opposes to grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that going by the statement given by the victim, she was forced to enter into a relationship with the petitioner only on account of the false promise of marriage. It is submitted that where the promise of marriage is false at the inception, the offence of rape is committed.

5 . Having regard to the facts and circumstances of the case, and considering the nature of the allegations, I am of the view that the petitioner can be granted bail as he has been in custody from 28.02.2022, his continued detention may not be necessary for the purposes of the investigation.

However, the bail will have to be on sufficient conditions to ensure that the petitioner does not influence or intimidate the victim in any manner.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

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

(ii) The petitioner shall report before the Investigating officer in Crime No. 287/2022 of Ernakulam Town North Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 287/2022 of Ernakulam Town North Police Station;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 287/2022 of Ernakulam Town North Police Station may file an application before the jurisdictional Court for cancellation of bail.