Suresh Kumar. R vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1086 of 2021 of Cheranalloor Police Station, Ernakulam District, alleging commission of offences under

Sections 376(2)(n) and 506 of the Indian Penal Code. The allegation against the petitioner is that the petitioner offered the job of a makeup artist in the

film industry to the de-facto complainant and on the guise of taking her to various places for work related activities, the petitioner committed rape on

the de-facto complainant, after taking her to Coimbatore and other places.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that any relationship between

the petitioner and the de-facto complainant was purely consensual and there was no element of rape as alleged. It is submitted that the petitioner is a

married person with a family and this was well known to the de-facto complainant. It is submitted that the allegation of a promise to marry is

completely misplaced. It is submitted that the de-facto complainant was also married and has two children. It is submitted that the petitioner has been

in custody from 16.12.2021 and his continued detention is not necessary for the purpose of any investigation.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor vehemently opposes the grant of bail. He submits with reference to

the contents of the First Information Statement that the offence of rape as alleged had been committed by the petitioner. It is submitted that the

petitioner had taken the de-facto complainant to various places on the premise that she was required to go with him for the purpose of work and

thereafter, the petitioner had committed rape on her. It is submitted that the fact that the de-facto complainant was herself a married lady with two

children is no reason to believe that the petitioner had not committed rape as alleged. It is submitted that the grant of bail may affect the progress of

investigation. It is also pointed out that there are criminal antecedents, though those offences do not relate to similar allegations.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the view that

the petitioner can be granted bail as he has been in custody from 16.12.2021 and his further detention may not be necessary for the purpose of any

investigation. Sufficient conditions can be imposed to ensure that he does not contact or intimidate the de-facto complainant in any manner.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.1086 of 2021 of Cheranalloor Police Station, Ernakulam District, on every Saturday at 11.00AM

until filing of final report;

(3) The petitioner shall not enter the local limits of Cheranalloor Police Station, except for the purpose of complying with condition no.2 above.

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.1086 of 2021 of

Cheranalloor Police Station, Ernakulam District;

(5) 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.1086 of 2021 of Cheranalloor Police Station, Ernakulam District,

may file an application before the Jurisdictional Court for cancellation of bail.