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Judgment
Bechu Kurian Thomas, J
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.608/2022 on the file of the Taliparamaba Police Station Kannur. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code, 1860.
The prosecution allegation is that the petitioner had committed rape on the de facto complainant on 18.10.2021 in a hotel room. Petitioner was arrested on 20.05.2022 and has been in custody since then.
Smt.Dhanya P.Asokan, the learned counsel for the petitioner contended that even if the entire prosecution case is accepted for argument sake, still it is only a case of consensual sexual relationship, not warranting the offence of Section 376 of the Indian Penal Code to be registered against him. It was further submitted that the marriage of the petitioner took place on 05.5.2022 with another lady and the complaint is in respect of an incident, that happened seven months ago. The crime is alleged to be registered solely for the reason that petitioner married another lady.
Sri.K.A.Noushad, learned Public Prosecutor, submitted that the offence alleged against the petitioner is serious in nature and that the petitioner would interfere with the investigation, if he is released on bail. It was further submitted that the arrest of the petitioner having been done on 20.5.2022, petitioner may even threaten the de facto complainant
Considering the circumstances pointed out by the learned Counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that continued incarceration of the petitioner is not necessary in view of the nature of allegations made in the FIR. The fact that the complaint was lodged only on 20.05.2022 about an incident that allegedly occurred on 18.10.2021 also compels this Court to enlarge the petitioner on bail.
Accordingly, this bail application is allowed and petitioner is enlarged on bail on the following conditions:
i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
ii) The petitioner shall co-operate with the trial of the case.
iii) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence. Petitioner shall not under any circumstances, attempt to contact the de facto complainant through any means.
iv) Petitioner shall not commit any similar offence while he is on bail.
v) Petitioner shall not enter into the limits of the Taliparamaba Police Station Kannur.
vi) Petitioner shall not leave the country without the permission of the jurisdictional court.
In case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
The bail application is allowed as above.