Sajan 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.287/2022 of Nooranad Police Station, Alappuzha alleging offences punishable under Sections 354D, 451, 376(2)(n) of the Indian Penal Code, 1860.

According to the prosecution, the accused with an intention to commit rape on the victim forced her to indulge in a sexual relationship after promising to marry her, sometime in March 2020 and thereafter repeated the act on several occasions and subsequently withdrew from the said promise and thereby committed the offences alleged.

Sri.M.Kiranlal, the learned counsel for the petitioner contended that the allegations are false and the incident as alleged had not occurred. It was further submitted that even if the prosecution allegations are assumed to be correct, still the same would only reveal a consensual relationship especially since the engagement ceremony of the petitioner and the victim had been performed.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, there is every chance of him interfering or influencing the witnesses.  However, it was submitted that the final report was filed on 30.09.2022.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 28.09.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. 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 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.

(d) Petitioner shall not commit any similar offences 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.