Vineeth @ Appu vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.37/2024 of Ezhukone Police Station, Kollam registered under Section 376 of IPC.

The prosecution allegation is that, on 25/4/2023 at 10.00pm, the petitioner committed rape on the defacto complainant at her house, on the promise of marriage, but thereafter, he withdrew from that promise.

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 defacto complainant were in a love affair, and the sexual acts if any committed, were only consensual. He is in judicial custody from 9/1/2024 onwards, and he is ready to abide by any conditions, imposed by this Court, if he is released on bail.

The petitioner is aged 24, and the victim is aged 22, and

the alleged incident occurred at the house of the defacto complainant at 10.00pm that will substantiate the case of consensual sex pleaded by the petitioner.

Learned Public Prosecutor on instruction submitted that, investigation is over and final report has been filed.

In such circumstances, this Court is inclined to allow this petition on the following conditions:-

(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 not contact the victim, or cause any kind of harassment to her, either directly or indirectly.

(iii) The petitioner has to surrender his passport before the trial court within 15 days of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect.

(iv)The petitioner shall not leave the limits of the State of Kerala without getting prior permission from the Trial Court.

(v) The petitioner shall not influence or intimidate the witnesses.

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

In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.