XXXXXXXXXX vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is accused in Crime No.1254 of 2023 of Oachira Police Station, Kollam, alleging commission of offences under Sections 376, 376(2)(f)(k) and 506 of the Indian Penal Code.

The allegation against the petitioner is that, on 13.8.2023, the victim, who was working as a staff at the petitioner’s Jan Oushadhi Medical Store at Kayamkulam, was taken by the petitioner to his other medical shop in Oachira and the petitioner had committed rape on her.

The learned counsel appearing for the petitioner would submit that even the entire allegations are accepted as true, there is no element of rape. It is submitted that the alleged incident was on 13.8.2023 and the First Information Statement was given only on 01.09.2023. It is submitted that the relationship between the petitioner and the victim is clear from Annexure-A1 (WhatsAapp chats), which indicate that the petitioner was in relationship with the alleged victim. It is submitted that even on 13.8.2023 (alleged date of incident), the victim has sent several messages to the petitioner. It is submitted that a false complaint has been raised against the petitioner. It is also submitted that the petitioner has been in custody from 03.09.2023 and further detention of the petitioner is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor vehemently opposes the grant of bail. The First Information Statement of the victim is referred to the point that there are clear allegations of rape. It is submitted that the matter is under investigation and the release of the petitioner on bail at this point of time may not be conducive to the investigation. It is submitted that, if the petitioner is granted bail, there is every chance of the victim being influenced or intimidated.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail. The petitioner has been in custody in from 03.09.2023. The further custody of the petitioner may not be necessary for the purposes of completion of investigation. The apprehension of the learned Public Prosecutor that the victim may be influenced or intimidated can be taken care of, while imposing suitable conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

i) The petitioner shall execute a 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.1254 of 2023 of Oachira Police Station, Kollam as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1254 of 2023 of Oachira Police Station, Kollam;

(iv) The petitioner shall not enter the local limits of the Kayamkulam Police Station except for the purpose of complying with any condition imposed in this order until further orders.

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail.

(vi) 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.1254 of 2023 of Oachira Police Station, Kollam may file an application before the jurisdictional Court for cancellation of bail.