XXXX vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No. 490 of 2022 of Ambalavayal Police Station, Wayanad District alleging offences punishable under Sections 450, 354-D,(1) (ii), 376(1) and 506 of the Indian Penal Code, 1860.

According to the prosecution, the accused committed rape on the victim after threatening her with allegations of possession of nude photographs and thereby committed the offences alleged.

Adv. M.B.Shyni, the learned counsel for the petitioner contended that, the petitioner is totally innocent and that the same would reveal only consensual relationship with the victim, who is a married lady with two children. According to the learned counsel, the entire prosecution case is false and that there was never any instance of rape and on the other hand while the victim’s husband was residing abroad she attempted to maintain her relationship with the petitioner. It is also submitted that after the victim’s husband returned from abroad, he caught the victim indulging in a consensual relationship with the petitioner and thereafter, the allegations of rape have been raised. The learned counsel also contended that the petitioner was arrested on 28.08.2022 and has been in custody since then and further detention is not essential.

Smt. M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contented that, the prosecution allegations are serious in nature and that the petitioner is alleged to have pushed open the door of the house on 13.08.2022 and raped her after threatening her with nude photographs. It was also submitted that investigation is still continuing.

I have considered the rival contentions.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 28.08.2022, I am of the view that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.

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.

(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.