Saneesh vs State Of Kerala

Dr.Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused in Crime No.112/2023 of Kovalam Police Station. The offences alleged are punishable under Sections 376, 509 and 506 of the Indian Penal Code.

The prosecution case, in short, is that the applicant sexually exploited the victim on several occasions, after giving a false promise of marriage and later on, he cheated her by withdrawing from the marriage.

I have heard Sri.A.Jani, the learned counsel for the applicant and Sri.C.S.Hritwik, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

A reading of the F.I.S would show that the applicant and the victim became friends through the Facebook platform and later on they fell in love. When the applicant had a stroke, he was admitted in an ayurvedic hospital. The victim and the mother of the applicant accompanied the applicant to nurse him. According to the victim, at the hospital they had oral sex. It is further alleged that thereafter also they had consensual sex on two occasions. But, according to the victim, she consented for sex since the applicant promised to marry her. A reading of the F.I.S would further show that the applicant was ready for the marriage. Both their family members fixed to conduct the marriage on 13.05.2021. But, the marriage could not be taken place due to the outbreak of Corona. Thereafter again, the date of marriage was fixed on 09.09.2021. Even according to the victim, the marriage did not take place, since the mother of the applicant demanded dowry. There is no case for the victim that the applicant withdrew from the marriage. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/ modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.