Sajan vs State Of Kerala

The petitioner has been arrayed as the sole accused in Crime No.1193/2014 of Chirayinkeezhu Police Station, which has been registered for

offences punishable under Section 376 of IPC.

The prosecution case in brief is that the accused had enticed the daughter of the defacto complainant with a promise to marry her and had sexual

intercourse with her on various occasions, on the assurance that he will marry her and their marriage was fixed and later, the petitioner and his family

members had withdrawn from their word and the marriage proposal has been dropped and that the petitioner used to commit violence on her etc. It

appears that on 9.4.2013 at about 3 p.m., the defacto complainant's daughter, Ancy was found missing from her house and the case of “person

missing†was registered under Section 57 of Kerala Police Act on the basis of the complaint of her father and during the course of investigation, the

lady victim along with her parents appeared before the Investigating Officer and stated that the accused had promised to marry her and on that

promise, the marriage was fixed and even the invitation cards were also printed and the petitioner and his family members had withdrawn from their

word etc. The learned counsel for the petitioner would point out that even going by Annexure-A2 F.I. Statement, it can be seen that it is predominantly

disclosed that the above said incidents are happened only on the basis of the consent of the parties and therefore, the offence as per rape is not made

out. Further it is pointed out that now the victim lady has married another person and she has stated in Annexure-A4 affidavit dated 18.5.2019 that she

is no longer interested to prosecute the matter any further, as she is leading a peaceful family life with her husband and that a child is also born to her

in the said wedlock.

The learned counsel for the petitioner would point out that the petitioner has been arrested on 17.5.2019 and has been under judicial custody since

then and that his continued detention is not necessary.

The learned Public Prosecutor has opposed the plea for regular bail and pointed out that the allegations as disclosed in this petition are serious.

After hearing both sides and after evaluating the facts and circumstances of this case, including those disclosed in the F.I. Statement as well as the

matter disclosed as per Annexure-A4 etc., the plea of the petitioner for regular bail could be considered subject to the stringent conditions.

Accordingly, it is ordered that the petitioner shall be released on bail on his executing bond for Rs.40,000/- (Rupees forty thousand only) and on his

furnishing 2 solvent sureties for the like sum each to the satisfaction of the competent court concerned. However, the above order shall be subject to

the following conditions:

(i). The petitioner will report before the Investigating Officer concerned at any time between 10:00 a.m. and 12:00 noon on every 2nd and 4th

Saturdays for the next 3 months. Thereafter the petitioner shall report before the Investigating Officer as and when directed by him.

(ii). The petitioner shall not intimidate or attempt to influence the defacto complainant/victim, witnesses; nor shall tamper with the evidence.

(iii). The petitioner shall not commit any similar offence while on bail.

(iv). The petitioner shall not go or visit anywhere near the residence of the the lady victim.

(v) The petitioner shall not enter into or reside anywhere within the territorial limits of Police Station, where the lady victim is now residing until the

conclusion of the trial, except for the limited purpose of reporting before the Investigating Officer in this case or in any other crimes and for attending

to the courts in connection with this case or any other cases or for contacting his advocate/lawyer, etc. However, if there is any genuine need for the

petitioner may temporarily enter into the said area, he may do so, only with due permission of the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court concerned will stand hereby empowered to consider the application for

cancellation of bail, if required, and pass appropriate orders in accordance with the law.

With these observations and directions, the above Application stands allowed.