Kerala High Court
Romy Raju vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 3081 OF 2024
CRIME NO.379/2024 OF THRIKKAKARA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 03.04.2024 IN CRMP NO.913 OF 2024
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD
PETITIONER/ACCUSED:
ROMY RAJU,
AGED 34 YEARS,
S/O RAJU, KANNANGATTU HOUSE, IDUKKI KAVALA, KATTAPANA
VILLAGE, UDUMBANCHOLA, IDUKKI NOW RESIDING AT BEHIND
AKSHAYA CENTRE LODGE, MADAVANA, PANANGAD, ERNAKULAM,
KERALA, PIN - 685554
BY ADVS.
SALIM V.S.
A.M.FOUSI
A.B.AJIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP: SEENA C
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3081 OF 2024
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3081 of 2024
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Dated this the 16th day of April, 2024
ORDER
The petitioner is the accused in Crime No.379 of 2024 of Thrikkakara Police Station, Ernakulam. The above case is registered against the petitioner alleging offences punishable under Sections 376(2)(n) of IPC, Section 66E of Information Technology Act 2000.
2. The prosecution case is that the accused enticed the defacto complainant with a promise to marry her and took her to Swarna Residency at Vazhakkala on 30.08.2023 and on 28.02.2024. It is the prosecution case that the accused committed sexual intercourse with defacto complaint on those occasions with the aforesaid promise to marry her and also recorded photos of the defacto complainant. Subsequently, the accused refused to marry her.
2. Heard the counsel for the petitioner and the learned Public Prosecutor.
3. The counsel for the petitioner submitted that the petitioner BAIL APPL. NO. 3081 OF 2024 3 is ready to abide any conditions if this Court grant him bail. The counsel submitted that the petitioner is in custody from 18.03.2024 onwards.
4. The learned Public Prosecutor seriously opposed the bail application.
5. After hearing both sides, I think this bail application can be allowed considering the facts that the petitioner is in custody from 18.03.2024. Admittedly, the victim is a lady aged 25 years. It is an admitted fact that the sexual intercourse was with a promise from the accused that he will marry the victim. I do not want to make any observation about the merits of the case at this stage. According to me, the bail application can be allowed on stringent conditions.
6. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
BAIL APPL. NO. 3081 OF 2024 4
7. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
1. Petitioner shall be released on bail on 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 jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the investigating officer on all Mondays till final report is filed.
6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail BAIL APPL. NO. 3081 OF 2024 5 in accordance to law, even though the bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN JUDGE msp BAIL APPL. NO. 3081 OF 2024 6 APPENDIX OF BAIL APPL. 3081/2024 PETITIONER ANNEXURES Annexure 3 ORDER DATED 03.04.2024 OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKKANAD IN CRL.M.P NO. 913/2024.