Kerala High Court
Xxxx vs State Of Kerala on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
BAIL APPL. NO. 6200 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 922/2021 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM, ERNAKULAM
CRIME NO.363 OF 2021 OF ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM
APPLICANT/ACCUSED NO.1 :-
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BY ADVS.
P.VIJAYA BHANU (SR.)
M.REVIKRISHNAN
AJEESH K.SASI
P.M.RAFIQ
POOJA PANKAJ
SRUTHY N. BHAT
E.VIJIN KARTHIK
RESPONDENT/STATE :-
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682 031.
SMT.SREEJA.V- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6200 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner, who is undergoing
incarceration from 10.06.2021 in connection with
Crime No.363 of 2021 of Central Police Station,
Ernakulam has filed this application seeking his
release on bail.
3. The petitioner and the defacto complainant
were in a romantic and sexual relationship from the
month of February, 2020 onwards. They were living
together in a flat at Marine Drive. The defacto
complainant is a Fashion Designer. While they were
residing together, she was physically and mentally
abused, tortured and brutally manhandled by the
petitioner. He has also committed rape on her on
various occasions and had taken her nude photographs
and threatened that he would forward the same to her
mother and other relatives and publish in social
media. Though at the initial stage they were having a
cordial relationship, gradually it turned as a
BAIL APPL. NO. 6200 OF 2021
horrible experience for the lady as she was subjected
to sexual and physical torture. He had also borrowed
an amount of Rs.5,00,000/- from her promising that the
same would be returned to her on a monthly basis of
Rs.40,000/-. But he failed to return the same as
promised by him and thus she was also cheated by him.
The petitioner kept her in wrongful confinement and
beaten her with belt, broom etc and then subjected her
to rape. He used to leave the flat after locking the
room from outside. On 08.03.2021 when he had gone out
to collect food which was ordered through Zomato, she
escaped from the flat and later lodged the complaint
against him. Even after the registration of the
crime, he intimidated and threatened her from his
hide-outs to withdraw the complaint lodged by her.
This is the case of the prosecution in brief.
3. On the complaint Crime No.363 of 2021 was
registered against the petitioner on 08.04.2021 before
the Ernakulam Central Police Station for the offences
punishable under Sections 323, 324, 344, 376, 420 and
506 of the Indian Penal Code. The petitioner was
BAIL APPL. NO. 6200 OF 2021
arrested on 10.06.2021 and since then he is in
custody.
4. Heard the learned Senior Counsel for the
petitioner as well the learned Public Prosecutor.
5. The learned counsel for the petitioner would
submit that he is totally innocent of the allegation
levelled against him.
6. The learned Public Prosecutor has submitted
that now the investigation of the case is over and
final report has been submitted before the court
concerned and committal proceedings are pending.
Though the offences alleged against the petitioner are
grave and serious in nature and he is involved in some
other cases, further detention is found unnecessary.
Moreover, no materials are available on record to
conclude at this stage that custodial trial is
inevitable in the case.
Therefore, I am inclined to release him on
bail subject to the following conditions :-
(i) The petitioner shall be released on bail on
executing a bond for a sum of Rs.1,00,000/-
(Rupees one lakh only)with two solvent sureties
BAIL APPL. NO. 6200 OF 2021
for the like sum each to the satisfaction of the
court having jurisdiction.
(ii) The petitioner 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 or
tamper with the evidence.
(iii) The petitioner shall not commit any offence
while on bail.
(iv) He shall not circulate the photographs of the
defacto complainant or any messages sent or
forwarded by her to this petitioner during their
life together.
(v) He shall fully co-operate with the trial of
the case.
(vi) He shall not try to meet or contact the
defacto complainant or cause any kind of
disturbance to her.
In case of violation of any of the above
conditions, the learned Magistrate/Judge is empowered
to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
SMA
