Sanjay vs State Of Kerala

Gopinath P., J

This is an application for regular bail

Petitioner is the sole accused in Crime No.1165/2023 of Thampanoor Police Station, Thiruvananthapuram District, alleging the commission of offences under Sections 376 and 376(2)(n) of the Indian Penal Code.

The allegation against the petitioner is that, under the false promise of marriage the petitioner had taken the defacto complainant/victim to a hotel on 19-09-2023 and had committed rape on her.

Learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is unmarried and is aged 24 years, while the defacto complainant/victim is a divorcee and is aged 32 years. It is submitted that any relationship between the petitioner and the defacto complainant/victim was purely consensual and there is no element of rape. It is submitted that the petitioner has been in custody from 19-10-2023 and has therefore completed nearly 47 days in custody. It is submitted that the continued detention of the petitioner is not necessary for the purposes of investigation.

Learned Senior Public Prosecutor opposes the grant of bail. It is submitted that there are clear allegations against the petitioner in the First Information Statement of the defacto complainant/victim. It is pointed that the fact that the victim is aged 32 years and is a divorcee is no ground to suggest that the relationship between the petitioner and the defacto complainant/victim was consensual.

Having heard the learned counsel for the petitioner and the learned Senior Public Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. The learned Senior Public Prosecutor is right in contending that merely because the victim is aged 32 years and is a divorcee, it cannot be suggested that the relationship between the petitioner and the defacto complainant/victim was purely consensual. However, the petitioner has been in custody from 19-10-2023 and the continued detention of the petitioner is not necessary for the purposes of investigation. No criminal antecedents are also reported against the petitioner.

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.1165/2023 of Thampanoor Police Station, Thiruvananthapuram District, as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim/defacto complainant or any witness in Crime No.1165/2023 of Thampanoor Police Station, Thiruvananthapuram District;

(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.1165/2023 of Thampanoor Police Station, Thiruvananthapuram District may file an application before the jurisdictional Court for cancellation of bail.