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Judgment
Petitioner herein stands arrayed as an accused in Crime No.103 of 2014 of Nileshwar Police Station now pending as S.C.No.166 of 2015 transferred as L.P.C.No.36 of 2017 of the Additional Sessions Judge-I, Kasaragod.
The allegation of the defacto complainant is that, petitioner herein had offered to marry her and on the basis of that promise to marry, committed sexual offence on her. This was allegedly repeated on few occasions. Crime was registered and after investigation, final report was filed.
According to the petitioner herein, he was not aware of the pendency of the proceedings and he was abroad prior to and after the registration of the crime. Learned senior counsel for the petitioner contended that, according to the petitioner herein, he came to know about the crime only on 12.01.2018 when he was arrested at the airport while returning from abroad. According to the petitioner, he has not committed the above offence and is wrongly implicated. Learned senior counsel invited my attention to the allegation of the prosecution, wherein, 4 other persons had sexually abused her under a promise to marry, that too, in identical situations. It casts serious doubt on the prosecution case itself, it was contended. It seems that since the petitioner herein was not available for interrogation, final report was laid and the petitioner herein was recorded as absconding.
Having considered the entire facts, the only apprehension that can be entertained is of the petitioner herein escaping from the jurisdiction of the Court and not being available for trial or that, he is likely to influence the witnesses. This was answered by the learned senior counsel by pointing out that, all other accused were granted bail in the regular course and they are even otherwise outside. If anybody wanted to influence the witnesses or the defacto complainant, that is even otherwise possible. I feel that, learned senior counsel for the petitioner is justified in making that submission.
Having considered the entire facts holding that, no purpose will be served by detaining him and further holding that, there is no likelihood of the matter being taken up in the immediate future being a crime of 2014, I am inclined to grant bail to the petitioner herein on the following conditions.
(i) Petitioner shall execute a bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) He shall surrender his passport, if it has not been already surrendered within seven days from the execution of the bond. Further direction regarding release of the passport for valid reasons can be considered by the trial court itself.
(iii) He shall not in any manner threaten, coerce or intimidate the de facto complainant and the witnesses.