[email protected] vs State Of Kerala
2021 Latest Caselaw 23419 Ker

Citation : 2021 Latest Caselaw 23419 Ker
Judgement Date : 25 November, 2021

Kerala High Court

[email protected] vs State Of Kerala on 25 November, 2021

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                        BAIL APPL. NO. 8675 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CRMP 1972/2021 OF DISTRICT COURT&
                       SESSIONS COURT,PATHANAMTHITTA
  CRIME NO.680/2021 OF ELAVUMTHITTA POLICE STATION, PATHANAMTHITTA
                                   DISTRICT
PETITIONER/1ST ACCUSED:

            [email protected]
            AGED 25 YEARS
            S/O. VENUGOPAL, BETHEL HOUSE, OPPOSITE MARTHOMA STUDY
            CENTRE, KERALDIYATHU PURAM, POWDIKONAM, ULIYZHATHUR
            VILLAGE, THIRUVANANTHAPURAM DISTRICT.

            BY ADVS.
            SHAJIN S.HAMEED
            MELWIN BYJU



RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA,ERNAKULAM 682 031.


OTHER PRESENT:

            SRI C.N. PRABHAKARAN (SR.PP)




     THIS   BAIL     APPLICATION   HAVING     COME   UP   FOR   ADMISSION   ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8675 OF 2021
                                      2

                                  ORDER

This is an application for regular bail.

2. The petitioner is the 1st accused in Crime No.680/2021 of

Elavumthitta Police Station, Pathanamthitta District alleging commission

of offences under Sections 366, 341, 376, 376(2)(n), 328, 354A (1)(i), (ii) &

(iv) and 509 r/w Section 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner

pretended to be in love with the de-facto complainant and compelled her

travel to Bangalore and took her to his rented premises and committed

sexual assault and rape on her many times between 25.02.2021 and

26.02.2021. It is also alleged that the relationship between the petitioner

and the de-facto complainant were recorded by the petitioner on his mobile

phone. There is a further allegation that the accused No.2 (not a petitioner

in this case), a friend of the petitioner herein, also sexually assaulted the

de-facto complainant after administering drugs. It is also alleged that the

de-facto complainant was wrongfully restrained by the accused till

27.02.2021.

4. The learned counsel for the petitioner submits that the

petitioner and the de-facto complainant were in love and she had willingly BAIL APPL. NO. 8675 OF 2021

and voluntarily gone with him to Bangalore and the allegation of sexual

assault and rape is completely incorrect. It is submitted that, if at all, the

relationship was purely consensual and the allegation of administering

drugs and wrongful restraint etc. are made only to lend colour to the

complaint raised against the petitioner. It is also submitted that an earlier

occasion, the de-facto complainant had submitted a complaint before the

Mannanthala Police Station and the same was settled between the parties

after the appearance of the petitioner and the de-facto complainant. It is

submitted that, thereafter, the present complaint was filed. Lastly, it is

submitted that the petitioner has been in custody from 19.09.2021 and

further custodial interrogation of the petitioner is not necessary, in the facts

and circumstances of the case.

5. The learned Public Prosecutor, on instructions, submits that the

investigation to the matter under progress and the allegations raised

against the petitioner are quite serious. It is submitted that there are clear

allegations of abduction and sexual assault by the petitioner and the 2 nd

accused and the allegation of administration of drugs to the de-facto

complainant. The further allegation, submits the Public Prosecutor, is that

the accused had recorded the intimate photos and videos of the de-facto BAIL APPL. NO. 8675 OF 2021

complainant on his mobile phone. It is, therefore, submitted that a

thorough investigation is required in the matter.

6. Having regard to the facts and circumstances of the case and

considering the fact that the petitioner has been in custody from 19.09.2021

and taking into account the fact that recovery etc. has already been effected

and that further custodial interrogation of the petitioner may not be

necessary for a proper investigation to the case, I am of the opinion that

the petitioner can be granted bail subject to strict conditions to ensure that

he does not intimidate the de-facto complainant or any witness in Crime

No.680/2021 of Elavumthitta Police Station, Pathanamthitta District.

7. In the result, this application is allowed and 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 for the

like sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in

Crime No.680/2021 of Elavumthitta Police Station,

Pathanamthitta District on every Saturday at 11.00 am until

further orders;

(iii) The petitioner shall not attempt to interfere with the BAIL APPL. NO. 8675 OF 2021

investigation or influence or intimidate the de-facto

complainant or any witness in Crime No.680/2021 of

Elavumthitta Police Station, Pathanamthitta District;

(iv) The petitioner shall not enter the local limits of the

Pathanamthitta Police Station where the de-facto complainant

is residing except for the purpose of complying with condition

No.(ii) above;

(v) The petitioner shall surrender his passport before the

Jurisdictional Court. If the petitioner do not have a passport,

he shall execute affidavit to that effect and file the same before

the said court within seven days of release on bail;