X vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

The petitioner is the accused in Crime No.254/2021 of Pothukal Police Station, Malappuram District alleging commission of offences under Sections 450, 376(2)(n), 406, 420 & 506 of the Indian Penal Code.

The allegation against the petitioner is that he entered into a relationship with the de facto complainant on the promise of marriage and thereafter committed rape on her and also cheated her of gold and other ornaments.

The learned counsel for the petitioner would submit that the petitioner had met the de facto complainant with every intention of marrying her and that a marriage ceremony was conducted in the presence of very close relatives on 2nd November, 2018 at Edakkara Sree Durga Temple near Nilambur in Malappuram District. It is submitted that thereafter the petitioner started living with the de facto complainant as husband and wife and that they had also travelled together after the marriage. It is submitted that later it was revealed that the de facto complainant was already married and that her divorce proceedings had not been finalised on the date of the marriage with the petitioner. It is submitted that despite the above, even after coming to know of the earlier marriage of the de facto complainant, the petitioner issued Annexure-A1 notice in the month of July, 2020 requiring the de facto complainant to come and live with him followed by Annexure-A3 petition for restitution of conjugal rights before the Family Court, Malappuram. It is submitted that the de facto complainant had given a reply to Annexure-A1 notice on 27.7.2020 where for the first time she raised allegations that the petitioner had forced himself on her, despite her objection to entering into any sexual relationship with the petitioner without the earlier marriage being dissolved in accordance with law. It is also submitted that, at any rate, the custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor on instructions would submit that the allegations in the First Information Statement which was given on 7.11.2021 and the contents of Annexure-A2 reply dated 27.7.2020 are practically identical and that the so called marriage which was conducted on 2.11.2018 was actually a sham. The learned Public Prosecutor submits that the grant of bail at this stage may affect the investigation.

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 anticipatory bail especially in the light of the fact that the custodial interrogation of the petitioner may not be necessary for a proper investigation into Crime No.254/2021 of Pothukal Police Station, Malappuram District.

In the result, this application for anticipatory bail is allowed. It is directed that in the event of arrest in connection with Crime No.254/2021 of Pothukal Police Station, 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) The petitioner shall report before the investigating officer in Crime No.254/2021 of Pothukal Police Station at 9 a.m for a period of one week from 29.11.2021 till 6.12.2021 and thereafter whenever called upon to do so;

(iii) The  petitioner  shall  not  attempt  to  contact  the  de  facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 254/2021 of Pothukal 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. 254/2021 of Pothukal Police Station, Malappuram District may file an application before the jurisdictional Court, for cancellation of bail.