Alan Neeraj S.R vs State Of Kerala
2024 Latest Caselaw 5094 Ker

Citation : 2024 Latest Caselaw 5094 Ker
Judgement Date : 15 February, 2024

Kerala High Court

Alan Neeraj S.R vs State Of Kerala on 15 February, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                      BAIL APPL. NO. 856 OF 2024
   CRIME NO.712/2023 OF Kuttiyadi Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT Bail Appl. 330/2024 OF HIGH COURT OF
                                  KERALA
PETITIONER

             ALAN NEERAJ S.R.,
             AGED 22 YEARS
             S/O.SASI ELAMPARAMBATH ELAMPARAMBATH, KOPRAKKALATHIL
             (H) THINOOR P.O,KAKKATTIL (VIA), NARIPETTA,
             KOZHIKODE, PIN - 673507
             BY ADVS.
             THOMAS J.ANAKKALLUNKAL
             ANUPA ANNA JOSE KANDOTH
             JAYARAMAN S.
             SNEHA ELSA JOSEPH

RESPONDENTS

    1        STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, PIN - 682031
    2        NANDANA DINESH,
             AGED 21 YEARS
             D/O.DINESH BABU, CHITTAYIL (H), KUTIYADY P.O,
             KOZHIKODE, PIN - 673507
OTHER PRESENT:

             SR.PP-SRI.VIPIN NARAYANAN


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.856 of 2024
                                 2



                           ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure, 1973, filed by the sole

accused in Crime No.712 of 2023 of Kutiadi Police Station,

Kozhikode, registered under Sections 376(1), 370(2), 328 and

506 of IPC.

2. The prosecution allegation is that, on 11.03.2022

at about 12.00 p.m., the petitioner, who is senior to the

defacto complainant in SN College, Vadakara, took her to his

residence, and after intoxicating her with some drugs mixed

in juice, he committed rape on her.

3. Heard learned counsel for the petitioner and learned

Public Prosecutor.

4. The learned Public Prosecutor opposed the bail

application.

5. Learned counsel for the petitioner would submit that

the petitioner and the defacto complainant were having a

love affair, and the allegations of rape made against him is

absolutely baseless. Learned counsel for the petitioner

produced Annexures A3 to A5 WhatsApp chats between the

petitioner and the defacto complainant after dismissal of his

earlier bail application, to say that this is a concocted case, at

the instance of her father and lawyer.

6. Learned Public Prosecutor on instructions, submitted

that the veracity of the WhatsApp Chats is yet to be found

out. The victim lady asserted the allegations in her FIS, in her

164 Statement also. But the statement of the victim would

give an indication that they were in an affair. The petitioner is

aged only 22 and the victim is his junior in college, aged 21.

Annexures A3 to A5 WhatsApp Chats between the petitioner

and the defacto complainant/victim create some doubt

regarding the genuineness of the prosecution case. Her

refusal to undergo medical examination fortifies that doubt.

In such circumstances, this Court is inclined to allow

this petition on the following terms:-

(i) Petitioner shall surrender before the

Investigating Officer on or before 22/02/2024

and subject himself for interrogation. The

Investigating Officer can collect all materials and

evidence including the potency certificate of the

petitioner, which are relevant for the purpose of

investigation, when he surrenders before him

(ii) In the event of arrest the petitioner shall be

released on bail on executing bond for

Rs.1,00,000/- (Rupees one lakh only), with two

solvent sureties each for the like sum to the

satisfaction of the arresting officer.

(iii) Thereafter, the petitioner shall appear

before the Investigating Officer on alternate

Saturdays starting from 24.02.2024 between

10.00 a.m and 11.00 a.m for a period of three

months, or till the final report is filed, whichever

is earlier.

(iv) The petitioner shall not contact the victim

or cause any kind of harassment to her or her

family members, either directly or indirectly.

(v) The petitioner shall not influence or

intimidate the witnesses or tamper with the

investigation.

(vi) The petitioner shall not leave the limits of

State of Kerala, without prior permission of the

trial court, till investigation is over and final

report is filed.

(vii) The petitioner shall not commit any

offence, while on bail.

In case of violation of the bail conditions, the

trial court is empowered to cancel the bail, in

accordance with law.

Sd/-

SOPHY THOMAS JUDGE smm

APPENDIX OF BAIL APPL. 856/2024

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.0712/2023 OF KUTTIADI POLICE STATION, KOZHIKODE Annexure A2 A TRUE COPY OF THE FIS IN CRIME NO.0712/2023 OF KUTTIADI POLICE STATION, KOZHIKODE Annexure A3 A COPY OF THE MESSAGE SENT BY HER TO THE DEFACTO COMPLAINANT ON 29/01/2024 AT 9.39AM Annexure A4 A COPY OF THE MESSAGE SENT BY HER TO THE DEFACTO COMPLAINANT ON 29/01/2024 AT 2.55-2.58 PM Annexure A5 A COPY OF THE MESSAGE DATED 28.01.2024 AT 5.58 PM STATING THAT THE DEFACTO COMPLAINT HAS CALLED THE CONCERNED POLICE OFFICER TO WITHDRAW ALLEGATIONS AGAINST THE PETITIONER Annexure A6 A COPY OF THE ORDER IN BA NO 330/2024 ON 23.01.224 BY THE HONOURABLE HIGH COURT OF KERALA Annexure 7 ORDER DATED 23-01-2024 IN BAIL APPL.330/2024 ON HIGH COURT