Suneesh A P vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application is filed under Section 439 of Criminal Procedure Code.

Petitioner is the accused in Crime No.282 of 2022 of the Bekal Police Station. The above case is registered against the petitioner alleging offence punishable under Section 376 of the Indian Penal Code. The petitioner was arrested on 25.03.2022.

The prosecution case is that the petitioner committed rape on the de-facto complainant who is aged only 18 years. The de-facto complainant is a Plus Two student. The petitioner made acquaintance with the de-facto complainant via instagram, a social networking system. On 04.03.2022, the victim went to Cheruvathur bus stand instead of going to her school. The petitioner was waiting there at that time. The petitioner took her to Mattalayi Temple. It is alleged that the petitioner took a chain worn on his neck and adorned her by promising to marry her. It is further alleged that the petitioner took her to a beach in Pallikkara and from a vacant place in the beach, the petitioner committed rape on her assuring that he would marry her.

Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 25.03.2022 onwards. The counsel for the petitioner also submitted that even if the entire allegations are accepted, no offence is made out. The counsel for the petitioner submitted that the petitioner is ready to abide any conditions if this Court grant him bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner committed rape on victim who is only 18 years of age. The Public Prosecutor submitted that the petitioner may not be released on bail at this stage. It is true that the allegation against the petitioner is very serious. I carefully perused the prosecution case. Annexure 1 is the FIR. I do not want to make any observations about the merits of the case. Considering the facts and circumstances of the case and also considering the period of detention, I think the petitioner can be released on bail on stringent conditions. There can be a direction to the petitioner not to enter the jurisdictional limit of Bakel Police Station for a period of 90 days or till final report is filed.

Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same in as much as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

Petitioner shall be released on bail on 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 jurisdictional Court.

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

Petitioner shall not leave India without permission of the jurisdictional Court.

Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The petitioner shall not enter the jurisdictional limit of Bakel Police Station for a period of 90 days or till final report is filed. The petitioner shall give the phone number and details of the place where he is going to reside during the above period to the Investigating Officer within 4 days from the date of his release from jail.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.