Dr. Kauser Edappagath, J
1. This is an application for regular bail.
2. Petitioner is the accused in Crime No.81/2023 of Vanitha Police Station, Kasaragod District, alleging commission of offences under Sections 370A(2) and 376 (2) (n) (f) of the Indian Penal Code.
3. Allegation against the petitioner is that on a day in the month of November, 2022, the petitioner had taken the victim in his car, and when the car reached at Pallikkara Red Moon Beach, at about 12.30 pm, the petitioner had committed rape on the victim after giving a false promise of marriage.
4. The learned counsel appearing for the petitioner would submit that the petitioner and the victim are 1st cousins. It is submitted that even according to the victim, the petitioner was maintaining a close relationship with the victim. It is submitted that the relationship between the petitioner and the victim was purely consensual. It is submitted that there cannot be any false promise of marriage as the petitioner and the victim are within the prohibited degrees of relationship. It is submitted that though the incident alleged is in the month of November, 2022, the FIR was lodged only on 02.07.2023 just prior to the date on which the marriage of the petitioner was fixed with another lady. It is submitted that the marriage of the petitioner was scheduled to be held on 09.07.2023. It is submitted that the petitioner has been custody from 03.07.2023 and further incarceration of the petitioner is not necessary in the facts and circumstances of the case.
5. The learned Public Prosecutor refers the facts of the case. He states that the allegations against the petitioner are serious. It is submitted that the victim had just attained the age of majority. It is submitted that according to the victim, the petitioner had committed rape on her after giving her a false promise of marriage. It is submitted that according to the victim, she had not filed a complaint earlier only on account of the promise of the petitioner that he would marry the victim. It is submitted that the investigation is progressing and if the petitioner is granted bail at this stage, there is every chance that the victim may be influenced or intimidated.
6. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and taking into account the aforesaid facts and circumstances and considering the fact that the petitioner has been in custody since 03.07.2023, I am of the opinion that the petitioner can be granted bail. The learned Public Prosecutor has no case that further detention of the petitioner is necessary for the purpose of completing the investigation. The objection is that, if the petitioner is released on bail, the petitioner may influence or intimidate the victim and other witnesses as the petitioner and the victim are close relatives. This apprehension of the learned Public Prosecutor is real. However, that 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.81/2023 of Vanitha Police station, Kasaragod on every Saturday at 11 am until further orders;
(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.81/2023 of Vanitha Police station, Kasaragod;
(iv) The petitioner shall not enter the local limits of the Vidyanagar police station, Kasaragod, where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above until further orders;
(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.81/2023 of Vanitha Police station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.
