Sivaprasad.C 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.486 of 2022 of Thenhipalam Police Station, Malappuram, alleging offences punishable under Sections 323, 324, 354-B, 376(2)(n) and 506 of the Indian Penal Code, 1860.

According to the prosecution, the accused committed rape on the victim without her consent during the period 2020-21 and on 20.08.2022, assaulted her with a belt and also forcefully took nude photographs and threatened to publish it in the social media and thereby committed the offences alleged.

Sri.Phijo Pradeesh Philip, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had never occurred. It was also submitted that the prosecution allegations at the most will reveal only a consensual relationship and not any instance of rape committed by the petitioner.

Sri.Sudheer.G, the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that despite the petitioner having been arrested on 21.08.2022, the continued detention of the petitioner is essential.

I have considered the rival contentions and have also perused the statement of the victim recorded under Section 164 of the Cr.P.C. Having regard to the nature of allegations and also the surrounding circumstances, including the detention of the petitioner from 21.08.2022, I am of the view that his continued detention is not essential for the purpose of the prosecution.

Accordingly, I allow this application under 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 his/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.

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.