Sulphikar vs State Of Kerala
2023 Latest Caselaw 11250 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                      BAIL APPL. NO. 8851 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 6016/2023 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS, KODUNGALLUR
        Crime No. 1358/2023 of Kodungalloor police station

PETITIONER/ACCUSED:

            SULPHIKAR, AGED 23 YEARS
            S/O MUHAMMAD BASHEER,VAZHAKKALAYIL HOUSE, ERIYAD
            CHERAMAN DESOM, ERIYAD VILLAGE, KODUNGALLOR, THRISSUR
            DISTRICT, PIN - 680666
            BY ADV M.J.SANTHOSH


RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031



            SRI VIPIN NARAYAN (SR PP)


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8851 OF 2023               2



                                  ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.1358/2023 of

Kodungalloor police station, Thrissur district, alleging commission

of offences under Sections 376, 376(2)(n), 450, 323 and 506 of the

Indian Penal Code.

3. Prosecution allegation is that on 15.05.2023, at about

02.00 a.m, the petitioner/accused trespassed into the house of the

victim/de facto complainant and committed rape on her. It is

alleged that thereafter, on 12.08.2023, the same offence was

repeated. It is alleged that thereafter, on 17.08.2023, the

petitioner assaulted the victim and has also assaulted the father of

the victim by beating him with a helmet.

4. Learned counsel appearing for the petitioner would

submit that, a reading of the First Information Statement of the

victim will show that the petitioner and the victim were in a

relationship. It is submitted that, there is no element of rape as

alleged. It is submitted that since the parents of the victim were

not willing to allow the petitioner to get married to the victim, they

arranged another marriage for the victim and thereafter, a false

complaint has been raised against the petitioner. It is submitted

that the petitioner has been in custody from 24.08.2023 and has

therefore completed more than 60 days in custody. It is submitted

that further detention of the petitioner is not necessary in the facts

and circumstances of the case. It is also pointed out that the

victim is aged 21 and the petitioner is aged 23.

5. Learned Public Prosecutor opposes the grant of bail. It

is pointed out that the First Information Statement of the

victim/de facto complainant clearly shows that the petitioner had

entered into sexual relationships with her by using force/

threatening her and/ or by obtaining consent on the false pretext

of marriage. It is submitted that the mere fact that the First

Information Statement shows that the petitioner and the victim

were on friendly terms, does not indicate that she had given

consent for any sexual relationship. It is submitted that, there is a

clear allegation that the petitioner had attacked the father of the

victim and had also assaulted the victim. It is submitted that, in

such circumstances, if bail is granted to the petitioner, the victim

or her family will be intimidated or threatened in future.

6. Having heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor and taking into

account the aforesaid facts and circumstances, I am of the opinion

that the petitioner can be released on bail subject to strict

conditions. The petitioner has already completed 60 days in

custody. Further detention of the petitioner does not appear to be

necessary for the purposes of investigation into the crime. To a

pointed question from the Court, learned Public Prosecutor

submits that investigation is at the final stage. The only

apprehension expressed is that the petitioner may intimidate or

threaten the victim or her family members, if he is granted bail.

The same can be taken care of by imposing suitable conditions.

Accordingly, this application for regular bail is allowed and it

is directed that the petitioner shall be released on bail subject to

the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the

like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in

Crime No. 1358/2023 of Kodungalloor Police station as and when

called upon to do so;

(iii) The petitioners shall not attempt to interfere with the

investigation or to influence or intimidate the victim or any witness

in Crime No.1358/2023 of Kodungalloor police station;

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

Kodungalloor police station where the victim/de facto complainant

is residing except for the purpose of complying any condition in

the order or for appearance before any court;

(v) The petitioner shall not involve in any other crime while

on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.1358/2023 of Kodungalloor police

station may file an application before the jurisdictional court, for

cancellation of bail.

Sd/-

GOPINATH P.

JUDGE ajt