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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.1 in Crime No.1322/2026 of Nemom Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 312 and 376(2)(n) of the Indian Penal Code, 1860, Sections 69, 64(2) (m), 351(1), 70(1) and 88 of the Bharatiya Nyaya Sanhita, 2023 and Section 66E of the Information Technology Act, 2000.
The prosecution case, in short, is as follows:- The applicant made a false promise of marriage to the victim. On 15.03.2020, the applicant and the victim had sexual intercourse at the house of the applicant situated at Malayinkeezhu. Thereafter, the applicant and the victim engaged in sexual intercourse in a room at an 'OYO ROOM' at Kazhakkoottam several times. The victim became pregnant twice and she aborted her pregnancy due to the compulsion of the applicant. The applicant had received a bracelet of 0.5 sovereigns from the victim for the expenses of the abortion, and he has not returned the same to the victim so far. The applicant threatened the victim that if she want to marry him, she should engage in sexual intercourse with the accused No.2 and on a day in October 2025, the applicant and the accused No.2 raped the victim in a room at 'OYO ROOM', Kazhakkoottam and the applicant captured the videos of the victim engaging in sexual intercourse with the applicant and the accused No.2 and sent the videos to the friend of the victim, circulated the aforesaid videos and thereby committed the above offences.
I have heard Sri.Shajin S. Hameed, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 04.08.2026. A reading of the First Information Statement would show that the applicant and the victim fell in love and they had consensual sexual intercourse on several occasions. The investigation is almost over. The recovery of the mobile phone has also been effected. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.