Kerala High Court
Xxx vs State Of Kerala on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
BAIL APPL. NO. 9842 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1930/2021 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR
CRIME NO.939/2021 OF PAZHAYANNUR POLICE STATION, THRISSUR
DISTRICT
PETITIONER/ACCUSED:
XXX
AGED 18 YEARS
X
BY ADVS.
P.VIJAYA BHANU (SR.)
P.M.RAFIQ
AJEESH K.SASI
MITHA SUDHINDRAN
POOJA PANKAJ
SRUTHY N. BHAT
RAHUL SUNIL
M.REVIKRISHNAN
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682031.
2 XX
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.9842 OF 2021
2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.939/2021 of
Pazhayannur Police Station, Thrissur District alleging commission of
offences under Section 376(2)(n) of the Indian Penal Code.
3. The allegation against the petitioner is that he entered into
a relationship with the de-facto complainant after promising to marry
her and thereafter, withdrew from the promise of marriage. It is alleged
that he thereby committed the offence under Section 376(2)(n) of the
IPC.
4. The learned counsel for the petitioner submits that the
petitioner and the de-facto complainant were classmates and both of
them are aged 18 years. It is submitted that they were in a relationship
for some time and the relationship between them was purely
consensual. It is submitted that, with reference to the first information
statement given by the de-facto complainant, the complaint came to
given only on account of the fact that the petitioner started a
relationship with some other girl which came to the knowledge of the
de-facto complainant.
BAIL APPL. NO.9842 OF 2021
5. The learned Public Prosecutor, on instructions, would
submit that the first information statement given by the victim/de-
facto complainant would show that the petitioner had clearly obtained
the consent of the de-facto complainant for entering into a sexual
relationship on the false promise of marriage. It is pointed out that, in
the first information statement, there are allegations that the petitioner
had conducted some sought of mock marriage and made the de-facto
complainant believe that she was his legally wedded wife. It is
submitted that, in such circumstances, clearly the offence of rape as
defined in Section 375 of the IPC is attracted. It is also pointed out that,
going by the first information statement, the petitioner had obtained
several intimate photographs of the de-facto complainant which have
to be recovered.
7. Having regard to the facts and circumstances of the case
and considering the fact that the petitioner is only 18 years of age, I am
of the view that the interest of the prosecution can be served by
granting limited custody of the petitioner to the prosecution for the
purpose of investigation.
8. I, therefore, allowed this anticipatory bail application and
direct that the petitioner shall be released on bail in the event of the
BAIL APPL. NO.9842 OF 2021
arrest in connection with Crime No.939/2021 of Pazhayannur Police
Station, Thrissur District , subject to the following conditions:-
(i) 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) Petitioner shall appear before the investigating
officer in Crime No.939/2021 of Pazhayannur Police
Station, Thrissur District on 20.01.2022, 21.01.2022 and
22.01.2022 at 9.00 am. He shall co-operate with the
investigation and produce all electronic equipment
including any mobile phone that may be required by the
investigating officer for the purposes of investigation.
Thereafter, the petitioner shall appear before the
investigating officer as and when called upon to do so;
(iii) Petitioner shall not attempt to contact the victim or
to interfere with the investigation or to influence or
intimidate any witness in Crime No.939/2021 of
Pazhayannur Police Station, Thrissur District ;
(iv) Petitioner shall not involve in any other crime
BAIL APPL. NO.9842 OF 2021
while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime No.939/2021 of Pazhayannur Police Station, Thrissur
District may file an application before this Court, for cancellation of
bail.
Sd/-
GOPINATH P.
JUDGE
bng/13.01.22
