Sarath Priyan vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 3rd accused in Crime No.1191 of 2023 of Pozhiyoor Police Station, Thiruvananthapuram District, which has been registered alleging commission of offences under Sections 354A, 323, 341, 506(ii), 376 and 376D read with Section 34 of the Indian Penal Code and Sections 66E, 67 and 67A of the Information Technology Act, 2000. The allegations against the petitioner are as follows:-

On 14.07.2023 at about 06.00 P.M, the petitioner / 3rd accused took the de-facto complainant / victim to Pozhiyoor Beach after informing her that there was a function in connection with birthday celebration of the mother of the petitioner / 3rd accused. It is alleged that the petitioner and the victim were accompanied by another friend of theirs by name Maxiline. It is alleged that after reaching the beach, the petitioner / 3rd accused had sexually abused the victim (aged 20) and at that time, accused Nos.1 and 2 had allegedly attacked the petitioner and his friend Maxiline and had committed rape on the victim, leading to registration of the aforesaid crime.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the only allegation against the petitioner is that the petitioner had gone with the victim to Pozhiyoor Beach and had touched her on her private parts. It is submitted that even if this allegation is found to be true, the petitioner cannot be accused of having committed offence under Section 376(D) of the Indian Penal Code. It is submitted that a reading of the First Information Statement of the victim itself suggests that the petitioner was not a party to the rape and he had in fact been attacked by accused Nos.1 and 2 in the case. It is submitted that the petitioner has been in custody from 29.11.2023 and the continued detention of the petitioner is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor opposes the grant of bail. It is submitted that even if the allegation of rape is not presently raised against the petitioner, there are allegations to show that the petitioner had sexually abused the victim. It is confirmed that no criminal antecedents are reported against the petitioner. It is also submitted that the investigation conducted thus far does not indicate that the petitioner had any connection with accused Nos.1 and 2.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. The allegations against the petitioner are as noticed above. The investigation conducted thus far does not indicate that the petitioner had any connection with accused Nos.1 and 2. The continued detention of the petitioner is not stated to be necessary for the purpose of completing the investigation into the crime registered against him. The reading of the First Information Statement of the victim also shows that the allegation of having committed the offence under Section 376(D) of the Indian Penal Code is against the accused Nos.1 and 2, who committed the offence after attacking the petitioner, who was with the de-facto complainant at the relevant time. Therefore, the petitioner can be granted bail subject to conditions.

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.1191 of 2023 of Pozhiyoor 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 or any witness in Crime No.1191 of 2023 of Pozhiyoor 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.1191  of  2023  of  Pozhiyoor  Police  Station, Thiruvananthapuram District, may file an  application  before the jurisdictional Court for cancellation of bail.