Vijil. V Nair 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.222/2022  of Muhamnna Police  Station, Alappuzha  District,  alleging  offences  under Sections 376(1), 376(2)(n),  354,  294(b),  323,  324,  341  and  Section  34  of the Indian Penal Code, 1860.

Prosecution  alleges that the  petitioner committed  rape on  the survivor on the false promise of marriage from September, 2019 onwards and had also abused the defacto complainant and assaulted her when she insisted on the petitioner marrying the survivor. It is also alleged that the petitioner and his relatives had exploited the survivor even financially and has   not   repaid   the   amounts. Prosecution   further  alleges   that, disheartened by the circumstances, the survivor even attempted to commit suicide by consuming sleeping  pills thereby committed the offences alleged.

Smt.M.A.Sulfia, the learned counsel for the petitioner contended that the entire prosecution story is false and that, the allegations at the most reveals only a  consensual  relationship and  not a case of rape.   It was further pointed out that the survivor is a widow with a three year old child and that the consensual relationship is being attempted to be converted into a case of rape for ulterior purposes.

Sri.Noushad  K.A.,  the  learned  Public  Prosecutor,  opposed  the grant of bail and pointed out that petitioner was arrested only on 13.06.2022 and that continued detention of the petitioner is essential for a proper investigation. He further pointed out that the petitioner had even assaulted the survivor  and has thus committed a very serious offence.

I have perused the statement given  by the survivor as well as the connected  papers.   The survivor is admittedly a widow with a three year old  child.   Taking  note of the arrest of the  petitioner having  been reported on 13.06.2022, I am of the view that continued detention of the petitioner is not required.

In the result, this application is allowed on the following conditions:-

(i)  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.

(ii)  Petitioner shall appear before the Investigating Officer as and when required.

(iii)  Petitioner shall  not intimidate or attempt to influence the witnesses;  nor shall he tamper with the evidence or contact the survivor or her family  members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.