Thobith Saji vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.3138/2023 of North Police Station, Ernakulam, registered under Sections 376(1) and 376(2)(n) of IPC.

The prosecution allegation is that, on 23.06.2023 at 10 PM, the petitioner committed rape on the de-facto complainant at ASCOT Hotel, Lissy Junction, Ernakulam, on promise to marry her.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned  Public  Prosecutor  opposed  the  bail application.

Learned counsel for the petitioner would submit that, the petitioner and the de-facto complainant were batch mates and they were having a love affair. The sexual acts, if any, alleged are only consensual. Moreover, the incident alleged occurred on 23.06.2023, but the FIR was registered only on 12.12.2023, with a delay of six months.

Learned Public Prosecutor on instructions submitted that, investigation has progressed substantially. The statement given by the de-facto complainant also gives an indication that they were in an affair. So the probability of consensual sex, as submitted by the petitioner, cannot be ruled out.

In such circumstances, this Court is inclined to allow this bail application on the following terms:

i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

ii. The petitioner shall appear before the Investigating Officer on alternate Saturdays, between 10 AM and 11 AM starting from 24.02.2024, for a period of three months, or till the final report is filed, whichever is earlier.

iii. The petitioner shall not enter the limits of Ernakulam North Police Station, except for the purpose of reporting before the Police Station.

iv. The petitioner shall not contact the victim girl and shall not cause any kind of harassment to her, either directly or indirectly.

v. The petitioner shall not influence or intimidate the witnesses, or tamper with the investigation.

vi. The petitioner shall not commit any offence while on bail.

vii. In case of violation of any of these conditions, the court concerned is empowered to cancel his bail, in accordance with law.