Vinod Kumar V C vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.2147/2021 of Vizhinjam police station alleging commission of offence under Section 376 of the Indian Penal

Code.

Allegation against the petitioner is that the petitioner committed rape on the victim/de facto complainant on 23.08.2021, at the residence of the

petitioner.

Learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the matter. It is submitted that the

husband of the victim/de facto complainant is an employee of the petitioner and owing to some dispute with her mother-in law and father-in-law, the

victim/de facto complainant and her husband were living in the petitioner's house for some time. It is submitted that the petitioner had also advanced

certain amounts to the husband of the victim/de facto complainant for taking another house on rent. It is submitted that the complaint of rape was

raised only when the petitioner demanded return of that amount . It is submitted that the complaint was filed after almost 32 days of the alleged

incident which itself shows that the allegation is not correct. It is submitted that the petitioner has been in custody for 75 days and his continued

detention is not necessary for the purpose of any investigation.

Learned Public Prosecutor opposes the grant of bail. She points out that going by the allegations by the victim, the petitioner had committed rape on

her when she was staying in the petitioner's house along with her husband. It is submitted that going by the allegations, at the time of incident, there

was nobody else in the house. It is submitted that according to the victim/de facto complainant, after committing rape on her, the petitioner himself

revealed this fact to her husband and thereafter, she filed the complaint which led to the registration of the crime. It is submitted that the delay in filing

the First Information Report is not fatal in such cases.

Having considered the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 75 days and since his

continued detention is not necessary for the purpose of any investigation, I am of the opinion that the petitioner can be released on bail subject to strict

conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following

conditions:-

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

jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 2147/2021 of Vizhinjam Police station on every Saturday at 11 am until filing of final report;

(iii) 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.2147/2021 of

Vizhinjam police station;

(iv) 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 2147/2021 of Vizhinjam police station may file an application

before the jurisdictional court, for cancellation of bail.