XXXXXXXXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.494 of 2022 of Aranmula Police Station registered for the offences punishable under Sections 376(2)(n) and 324 of the Indian Penal Code, 1860.

The prosecution case is that, the petitioner who is a law student had committed rape on the victim, who is also a law student, by giving a false promise of marriage and thereafter backed out of the said promise and also cheated the victim of an amount of Rs.1,00,000/- thereby committed the offence alleged against him.

Smt.K.S.Karunamol, the learned counsel for the petitioner submitted that the entire prosecution case is false. It was further submitted that the allegation of financial transactions between the victim and the petitioner is false. However, to show his bona fides, petitioner expressed his willingness to pay an amount of Rs.75,000/- to the victim. It was also submitted that the incidents as alleged by the defacto complainant had never occurred and therefore continued detention of the petitioner is not required for investigation.

Smt.M.K.Pushpalatha, the learned public prosecutor, opposed the grant of bail and submitted that considering the plight of the victim and the exploitation meted out to her, no leniency ought to be shown. It was further submitted that the accused had collected an amount of Rs.1,00,000/-, which the victim had kept aside to pay her college fee and that after exploiting the victim, the accused refused to even the said amount.

On a perusal of the statement of the victim there is an indication that the petitioner as well as the victim were in a relationship.

Having regard to the fact that the petitioner has already repaid the amount of Rs.75,000/- to the victim in part repayment of the amount alleged to have been received by him [though the said contention is disputed], I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(a) 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.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his/her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not indirectly or directly interact with the victim either in the college or outside.

(f) 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.