Sarath vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.2290 of 2021 of Pala Police Station, Kottayam District, alleging commission of offences under Sections 376(1), 376(2)(n), 354C, 354D of the Indian Penal Code and Section 67 of the Information Technology Act, 2000. The allegation against the petitioner is that he got acquainted with the de-facto complainant over a social media platform and thereafter, he entered into a relationship with her on the false pretext of marriage. It is submitted that certain intimate photographs of the de-facto complainant, which were sent to the petitioner were also shared by him with other persons. It is submitted that after subjecting the de-facto complainant to sexual relationship on the false promise of marriage, the petitioner withdrew from the promise of marriage and thereby he committed the offences alleged against him.

The learned counsel for the petitioner submits that the allegations against the petitioner are totally false. It is submitted that even if the entire contents of the First Information Statement are taken to be true, the petitioner and the de-fcto complainant had entered into a consensual relationship. It is submitted that there could not have been any false promise of marriage as the de-facto complainant was already a married women with a 15 year old son. It is also submitted that by virtue of the provisions contained under Section 77B of the Information Technology Act, the offence under Section 67 of the said Act is a bailable offence. Finally, it is submitted that the petitioner has already been in custody for more than 41 days and his further detention is not necessary for the purpose of investigation of the case.

The learned Public Prosecutor, on instructions, submits that the allegation against the petitioner are quite serious. It is submitted that going by the First Information Statement of the de-facto complainant, the de-facto complainant had been separated from her husband for nearly 11 years and therefore, the contention of the petitioner that the de-facto complainant was a married women is not correct. It is submitted that when the petitioner obtained consent of the de-facto complainant for sexual relationship on the false pretext of marriage and the promise of marriage was false at the inception, the offence of rape as defined under Section 375 of the Indian Penal code has been committed. It is submitted that the petitioner also shared the intimate pictures of the de-facto complainant with others and thereby he committed the offence under Section 67 of the Information Technology Act. The learned Public Prosecutor also submits that the electronic devices etc recovered from the petitioner had been sent for forensic examination and the grant of bail at this stage may affect the progress of investigation.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for more than 41 days and also considering the fact that the continued detention of the petitioner may not be necessary for the proper investigation into the matter, I am of the opinion that the petitioner can be granted bail subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

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

(2) Petitioner shall appear before the investigating officer in Crime No.2290 of 2021 of Pala Police Station, Kottayam District, on every Saturday at 11 am until further orders;

(3) The petitioner shall not enter the local limits of Pala Police Station, Kottayam District, except for the purpose of complying with condition No.2 above;

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.2290 of 2021 of Pala Police Station, Kottayam District;

(5) Petitioner shall surrender his passport before the Jurisdictional Magistrate. If he does not have a passport, an affidavit shall be executed to that effect and file the same before the said court within seven days of release on bail.

(6) 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.2290 of 2021 of Pala Police Station, Kottayam District, may file an application before the Jurisdictional Court for cancellation of bail.