Sayeed Farhan 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.700/2022 of Nedupuzha Police Station, Thrissur, alleging offences punishable under Sections 376(1), 376(2)(n) of the Indian Penal Code, 1860.

According to the prosecution, during the period from 24.12.2021 and 12.06.2022, the accused committed rape on the victim after promising to marry her and thereafter backed out of the said promise and thereby committed the offences alleged.

Sri.Mohammed Aslam, the learned counsel for the petitioner contended that the alleged victim and the petitioner had met each other on an online dating app by the name 'Tinder' and thereafter they fell in love. It was submitted that even if the entire allegations are assumed without accepting to be correct, still the same would only reveal instances of consensual relationship. It was further pointed out by the learned counsel that converting a consensual relationship into rape is attempted by the victim for ulterior purposes. The learned counsel also submitted that considering the period of detention already undergone and his young age, petitioner ought to be released on bail.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that according to the victim, they met through a matrimonial advertisement and that, petitioner had offered to marry the victim and on that belief, the victim indulged in a sexual relationship. Subsequently when the victim became pregnant, petitioner backed out of the said marriage purportedly due to better proposals coming his way. In the meantime, the pregnancy was aborted and thereafter petitioner backed out of the promise. Thus it became clear to the victim that petitioner's sole intention was to sexually abuse her under the guise of promise to marry.

I have perused the statement of the victim and have also considered the rival contentions. Having regard to the nature of allegations, I am of the view that the allegations against the petitioner are serious in nature. However, considering the age of the petitioner and the period of detention already undergone, I am of the opinion that petitioner can be released on bail on strict conditions.

Accordingly, I allow this application 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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction and shall surrender his passport to the Investigating Officer.

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.