Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 BAIL APPL. NO. 8178 OF 2023 CRIME NO.846/2023 OF SULTHAN BATHERY POLICE STATION, Wayanad AGAINST THE ORDER/JUDGMENT CRMC 846/2023 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA PETITIONER/ACCUSED: MIDHUN AGED 29 YEARS S/O RAJAN, PULLIKKOTH HOUSE,NAIKETTY POST, NOOLPUZHA VILLAGE, SULTHAN BATHERY , WAYANAD - 673592, PIN - 673592 BY ADVS. TONY THOMAS (INCHIPARAMBIL) P.THOMAS GEEVERGHESE SRADHA MOHAN RESPONDENT/RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, STATION HOUSE OFFICER, SULTHANBATHERY POLICE STATION HIGH COURT OF KERALA, PIN - 682031 SRI NOUSHAD K.A. (SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Petitioner is the accused in Crime No.846 of 2023 of Sulthanbathery Police Station, Wayanad District, alleging commission of offences under Sections 366, 376(2)(n) and 450 o the IPC. Allegation against the petitioner is that the petitioner, who was a former classmate of the defacto complainant, had re-established friendship with her over Facebook and after becoming friends with the husband of the defacto complainant also, the petitioner used to visit the house of the defacto complainant frequently and on a day in the month of April 2020, he committed rape on her while she was alone at the house. It is further alleged that under threat, the petitioner committed the same offence on subsequent occasions also.
2. Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent
in the matter. It is submitted that any relationship between the petitioner and the defacto complainant was purely consensual. It is submitted that the defacto complainant was having some issues with her husband and was living separately from her husband. It is submitted that it was at that time, she had established friendship with the petitioner. It is submitted that recently the defacto complainant got re-united with her husband and thereafter, a false case has been registered against the petitioner. It is submitted that at any rate considering the nature of allegations, the petitioner may be granted anticipatory bail subject to conditions to ensure that he co-operates with the investigation in every manner.
3. The learned Public Prosecutor has made
available for the perusal a copy of the statement recorded from the victim under Section 164 of the Cr.P.C. It is submitted that while the statement shows that the petitioner and the defacto complainant were
schoolmates and friends, the same indicates that the petitioner had committed the offences alleged against him. It is submitted that the mere fact that the petitioner had a friendship with the defacto complainant is no reason to hold that the relationship between the petitioner and the defacto complainant was purely consensual. It is submitted that the matter is under investigation. A clearer picture will be available only when the investigation is completed. It is submitted that so far there is nothing to suggest that the matrimonial relationship of the defacto complainant was strained at any point of time.
4. Having heard the learned counsel for the
petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. The allegations against the petitioner are no doubt serious. However, if the co- operation of the petitioner can be ensured, there is no reason to deny anticipatory bail to the petitioner. The
allegations relate to the period from April 2020 till recently. The FIS which led to registration of Crime No.846 of 2023 of Sulthanbathery Police Station was given only on 24.07.2023. Taking into consideration the above circumstances, I am inclined to grant anticipatory bail to the petitioner subject to conditions to ensure that he will co-operate with the investigation in every manner. Therefore, it is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.846 of 2023 of Sulthanbathery Police Station subject to the following conditions:
(i) 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 arresting officer;
(ii) Petitioner shall appear before the
investigating officer in Crime No.846 of 2023 of Sulthanbathery Police Station at 11.00 am on 06.12.2023 and 13.12.2023 and thereafter as and when called upon to do so until further orders;
(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.846 of 2023 of Sulthanbathery Police Station.
(iv) Petitioner shall not involve in any other crime while on bail.
(v) Petitioner shall not enter the local limits of
Sulthanbathery Police Station, Wayanad District where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above until further orders.
(vi) The petitioner shall surrender his passport
before the Investigating Officer. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said Officer within seven days of release on bail. If any of the aforesaid conditions are violated, it is open to the Investigating officer in Crime No.846 of 2023 of Sulthanbathery Police Station or the defacto complainant to approach this Court for cancellation of bail. Sd/- GOPINATH P. JUDGE SSK/30/11 APPENDIX OF BAIL APPL. 8178/2023 PETITIONER ANNEXURES Annexure 2 THE JUDGMENTOF CRL. MC NO. 541/2023 BEFORE THE HON'BLE COURT OF THE SESSIONS JUDGE IN KALPETTA, WAYANAD DATED ON 19/08/2023