Rahul vs State of Kerala

RAHUL vs State of Kerala

Type Court Judgment Court Kerala Decided May 02, 2023

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https://sooperkanoon.com/case/1352838

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Citation: sooperkanoon.com/1352838
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: May 02, 2023
Case Number: Bail Appl./2846/2023

Parties & Advocates

Appellant / Petitioner

RAHUL

Respondent

State of Kerala

Excerpt

.....followed, watched and contacted the deceased victim, who is a member of scheduled caste in the pretext of love and fraudulently induced her to have sexual intercourse with him on several occasions. it is further alleged that the victim girl committed suicide bail appl. no. 2846 of 2023 3 when the accused avoided her.4. the petitioner was arrested on 27.12.2022 and has been in judicial custody since then.5. notice was served on the defacto complainant through the station house officer, but he did not turn up.6. heard the learned counsel for the petitioner and the learned public prosecutor.7. the learned counsel for the petitioner submitted that theinvestigation is in the final stage, and hence, further detention of the petitioner is not necessary. it is also submitted that the prosecution case would only reveal consensual sexual intercourse between the parties.8. the learned public prosecutor opposed the bail plea of the petitioner.9. having regard to the nature of the allegations, stage of theinvestigation and the tenure of judicial custody undergone by the petitioner, i am of the view that the petitioner is entitled to be released on bail on conditions. bail appl. no. 2846 of 2023 4 in the result, the bail application is allowed as follows:(a) the petitioner shall be released on bail on his executing 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.(b) the petitioner shall appear before the investigating officer on all mondays between 10 a.m. and 11 a.m. for a period of three months or till the final report is filed, whichever is earlier.(c) the petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence. sd/- k.babu ab judge

Full Judgment

BAIL APPL. NO. 2846 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 BAIL APPL. NO. 2846 OF 2023 CRIME NO.1005/2022 OF Chavakkad Police Station, Thrissur s PETITIONER/ACCUSED: RAHUL AGED 18 YEARS S/O. RAGHU, KOTTARAPPATTU VEEDU POOKALAM ROAD, CHAVAKKAD, GURUVAYOOR VILLAGE, THRISSUR-680506 BY ADVS. K.I.SAGEER MUHAMMED YASIL RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT.BINDU.O.V.-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 2846 OF 2023 2
K.BABU, J.
-------------------------------------- B.A No.2846 of 2023 --------------------------------------- Dated this the 2nd day of May, 2023

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2. The petitioner is accused in Crime No.1005/2022 of Chavakkad

Police Station. The offences alleged against the petitioner are punishable under Sections 305, 366A, 354D(1)(i) r/w Section 354D(2) and 376(2)(n) of IPC, under Sections 3(a) r/w Section 4(1), 5(l) r/w Section 6(1), 11(iv) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. The prosecution case is that the accused with sexual intent

repeatedly and constantly followed, watched and contacted the deceased victim, who is a member of Scheduled Caste in the pretext of love and fraudulently induced her to have sexual intercourse with him on several occasions. It is further alleged that the victim girl committed suicide BAIL APPL. NO. 2846 OF 2023 3 when the accused avoided her.

4. The petitioner was arrested on 27.12.2022 and has been in judicial custody since then.

5. Notice was served on the defacto complainant through the Station House Officer, but he did not turn up.

6. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

7. The learned counsel for the petitioner submitted that the

investigation is in the final stage, and hence, further detention of the petitioner is not necessary. It is also submitted that the prosecution case would only reveal consensual sexual intercourse between the parties.

8. The learned Public Prosecutor opposed the bail plea of the petitioner.

9. Having regard to the nature of the allegations, stage of the

investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions. BAIL APPL. NO. 2846 OF 2023 4 In the result, the Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on his executing 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.

(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence. Sd/- K.BABU ab JUDGE

Same Court & Year Kerala · 2023 Same Parties RAHUL vs State of Kerala Same Judge Honourable Mr.Justice K. Babu