Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 BAIL APPL. NO. 10489 OF 2023 CRIME NO.1358/2023 OF Museum Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT CRMC 2819/2023 OF ADDITIONAL DISTRICT COURT (ADHOC)-II, THIRUVANANTHAPURAM PETITIONER/ACCUSED: ARUN K.PUSHPAN, AGED 26 YEARS S/O.KOMALAN, KOMALA BHAVAN, ARUMANOOR, POOVAR P O, THIRUVANANTHAPURAM, PIN - BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R. K.S.KIRAN KRISHNAN RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT (CRIME NO. 1358/2023 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM), PIN - 695033 SR.PP-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of February, 2024 This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the sole accused in crime No.1358 of 2023 of Museum Police Station, Thiruvananthapuram, registered under Sections 376 and 376(2)(n) of IPC.
2. The prosecution allegation is that, on 21.03.2023 as well as on 30.03.2023, the petitioner committed rape on the defacto complainant, who is a 26 year old lady.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that
the petitioner and the defacto complainant were in a relationship, and if at all anything happened, it was only consensual. According to him, only to compel him for the marriage, the defacto complainant foisted a false complaint against him.
6. In the statement the defacto complainant was saying
that she saw the petitioner for the first time on 21.03.2023, they went to the museum, and on the same day he raped her in an open place, ie; in the verandah of the museum, and next time in Thampanoor Bus Stand Terminal. This statement is not inspiring confidence, as it is against normal human conduct. The petitioner is ready to abide by any conditions imposed by this Court. In such circumstances, this Court is inclined to allow this bail application on the following terms:
(i) The petitioner is directed to surrender before the
Investigating Officer on or before 13.02.2024 and subject himself for interrogation. The Investigating Officer can collect all materials/evidence relevant for the purpose of investigation from the petitioner.
(ii) In the event of arrest, the petitioner shall be
released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand 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 as and when directed.
(iv) The petitioner shall not contact the defacto complainant, and shall not cause any kind of harassment to her, either directly or indirectly.
(v) The petitioner shall not enter the limits of Balaramapuram Village, where the defacto complainant is staying with her parents.
(vi) The petitioner shall not influence or intimidate the
witnesses and shall not tamper with the investigation. (vii)The petitioner shall not leave the limits of the State of Kerala without getting prior permission from the trial court. (viii) The petitioner shall not commit any offence while on bail.
(ix) In case of violation of any of the aforesaid conditions, the jurisdictional Court is empowered to cancel his bail. Sd/- SOPHY THOMAS JUDGE SSK/01/02