Sulphikar vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.1358/2023 of Kodungalloor police station, Thrissur district, alleging commission of offences under Sections 376, 376(2)(n), 450, 323 and 506 of the Indian Penal Code.

Prosecution allegation is that on 15.05.2023, at about 02.00 a.m, the petitioner/accused trespassed into the house of the victim/de facto complainant and committed rape on her. It is alleged that thereafter, on 12.08.2023, the same offence was repeated. It is alleged that thereafter, on 17.08.2023, the petitioner assaulted the victim and has also assaulted the father of the victim by beating him with a helmet.

Learned counsel appearing for the petitioner would submit that, a reading of the First Information Statement of the victim will show that the petitioner and the victim were in a relationship. It is submitted that, there is no element of rape as alleged. It is submitted that since the parents of the victim were not willing to allow the petitioner to get married to the victim, they arranged another marriage for the victim and thereafter, a false complaint has been raised against the petitioner. It is submitted that the petitioner has been in custody from 24.08.2023 and has therefore completed more than 60 days in custody. It is submitted that further detention of the petitioner is not necessary in the facts and circumstances of the case. It is also pointed out that the victim is aged 21 and the petitioner is aged 23.

Learned Public Prosecutor opposes the grant of bail. It is pointed out that the First Information Statement of the victim/de facto complainant clearly shows that the petitioner had entered into sexual relationships with her by using force/ threatening her and/ or by obtaining consent on the false pretext of marriage. It is submitted that the mere fact that the First Information Statement shows that the petitioner and the victim were on friendly terms, does not indicate that she had given consent for any sexual relationship. It is submitted that, there is a clear allegation that the petitioner had attacked the father of the victim and had also assaulted the victim. It is submitted that, in such circumstances, if bail is granted to the petitioner, the victim or her family will be intimidated or threatened in future.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and taking into account the aforesaid facts and circumstances, I am of the opinion that the petitioner can be released on bail subject to strict conditions. The petitioner has already completed 60 days in custody. Further detention of the petitioner does not appear to be necessary for the purposes of investigation into the crime. To a pointed question from the Court, learned Public Prosecutor submits that investigation is at the final stage. The only apprehension expressed is that the petitioner may intimidate or threaten the victim or her family members, if he is granted bail. The same can be taken care of by imposing suitable conditions.

Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No. 1358/2023 of Kodungalloor Police station as and when called upon to do so;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.1358/2023 of Kodungalloor police station;

(iv) The petitioner shall not enter the local limits of the Kodungalloor police station where the victim/de facto complainant is residing except for the purpose of complying any condition in the order or for appearance before any court;

(v) 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.1358/2023 of Kodungalloor police station may file an application before the jurisdictional court, for cancellation of bail.