Kerala High Court
Suneesh A P vs State Of Kerala on 6 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 3401 OF 2022
CRIME NO.282/2022 OF Bekal Police Station, Kasargod
PETITIONER:
SUNEESH A P
AGED 36 YEARS
S/O. KRISHNAN, ANTHRATH PARAMBU, CHEKKOD, PARAKKULAM,
PALAKKAD, PIN - 679751
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI.SANAL P.RAJ, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3401 OF 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A. No.3401 of 2022
-------------------------------
Dated this the 6th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is the accused in Crime No.282 of 2022 of
the Bekal Police Station. The above case is registered
against the petitioner alleging offence punishable under
Section 376 of the Indian Penal Code. The petitioner was
arrested on 25.03.2022.
3. The prosecution case is that the petitioner
committed rape on the de-facto complainant who is aged
only 18 years. The de-facto complainant is a Plus Two
student. The petitioner made acquaintance with the de-
facto complainant via instagram, a social networking
system. On 04.03.2022, the victim went to Cheruvathur bus
stand instead of going to her school. The petitioner was
BAIL APPL. NO. 3401 OF 2022
waiting there at that time. The petitioner took her to
Mattalayi Temple. It is alleged that the petitioner took a
chain worn on his neck and adorned her by promising to
marry her. It is further alleged that the petitioner took her
to a beach in Pallikkara and from a vacant place in the
beach, the petitioner committed rape on her assuring that
he would marry her.
4. Heard counsel for the petitioner and the Public
Prosecutor. The counsel for the petitioner submitted that
the petitioner is in custody from 25.03.2022 onwards. The
counsel for the petitioner also submitted that even if the
entire allegations are accepted, no offence is made out.
The counsel for the petitioner submitted that the petitioner
is ready to abide any conditions if this Court grant him bail.
The Public Prosecutor seriously opposed the bail
application. The Public Prosecutor submitted that the
petitioner committed rape on victim who is only 18 years of
age. The Public Prosecutor submitted that the petitioner
BAIL APPL. NO. 3401 OF 2022
may not be released on bail at this stage. It is true that the
allegation against the petitioner is very serious. I carefully
perused the prosecution case. Annexure 1 is the FIR. I do
not want to make any observations about the merits of the
case. Considering the facts and circumstances of the case
and also considering the period of detention, I think the
petitioner can be released on bail on stringent conditions.
There can be a direction to the petitioner not to enter the
jurisdictional limit of Bakel Police Station for a period of 90
days or till final report is filed.
5. 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 in as much
as the grant of bail is the rule and refusal is the exception
so as to ensure that the accused has the opportunity of
BAIL APPL. NO. 3401 OF 2022
securing fair trial.
6. 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/her from
BAIL APPL. NO. 3401 OF 2022
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 he is
accused, or suspected, of the commission
of which he is suspected.
5. The petitioner shall not enter the
jurisdictional limit of Bakel Police Station
for a period of 90 days or till final report is
filed. The petitioner shall give the phone
number and details of the place where he
is going to reside during the above period
to the Investigating Officer within 4 days
from the date of his release from jail.
6. If any of the above conditions are
BAIL APPL. NO. 3401 OF 2022
violated by the petitioner, the jurisdictional
Court can cancel the bail in accordance to
law, even though the bail is granted by this
Court. The prosecution and the victim are
at liberty to approach the jurisdictional
court to cancel the bail, if there is any
violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
np
BAIL APPL. NO. 3401 OF 2022
APPENDIX OF BAIL APPL.3401/2022
PETITIONER'S ANNEXURES
Annexure1 THE TRUE COPY OF FIR IN CRIME NO. 282/2022
OF BAKEL POLICE STATION DATED 19-3-2022.
Annexure2 THE TRUE COPY OF THE ORDER IN CMP NO.
1987/2022 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, II, HOSDURG.
RESPONDENT'S ANNEXURES: NIL
