Vishnu Sankar P vs State Of Kerala

M.R.Anitha, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No. 340/2021 of Valapattanam Police Station, which has been registered for the offence punishable under Sections 376(n)(1), 312 and 420 of IPC.

It is alleged that the defacto complainant is differently abled woman and the petitioner committed rape upon her four times during the period 2017-2019 in a lodge at Parassinikkadavu. When she became pregnant, forcefully he got the pregnancy terminated by compelling her to take pills. He also alleged to have obtained 12 sovereigns of gold ornaments and Rs. 45,000/- from the defacto complainant and thereby the accused alleged to have committed the offence aforementioned.

Heard both sides.

According to the learned counsel for the petitioner, this case is a totally false case foisted against him to grab money through blackmailing him. The monetary transaction between him and the defacto complainant has been closed and Annexure-I, copy of the agreement has been produced by him to substantiate that fact. It is also his contention that the defacto complainant obtained money by filing false complaints against another person also and to substantiate that contention he produced Annexures-VIII and IX. After getting threatening call from the defacto complainant he filed Annexure-III complaint before the Deputy Superintendent of Police, Kannur. But instead of taking action on that complaint, this crime has been registered against him. The petitioner has been arrested on 31.07.2021 and thereafter he has been under confinement.

The learned Public Prosecutor strongly objects in considering the petition. The learned prosecutor contended that the petitioner is involved in crime No. 400/2016 registered u/s 143, 147, 148, 323, 324, 326, 427, 302 r/w 149 of IPC of Valappattanam Police Station and Crime No. 40/20 registered u/s 8(1) and (2) of Abkari Act of Pappinassery Excise Range.

Admitted by the learned counsel for the petitioner, final report has already been filed and copy of the earlier B.A No. 6322/2021 is produced as Annexure V which would show that his prayer was not considered at that stage mainly because of the reason that the investigation is not over and charge sheet has not been filed and there was chances for influencing the witnesses. Now the investigation is over and final report has been filed.

In the facts and circumstances, I do not think that continued confinement of the petitioner is necessary. Hence, the petitioner can be released on bail on the following conditions:-

I) The petitioner shall execute bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;

ii) The petitioner shall not enter the Panchayath where the de-facto complainant and her family resides.

Iii) The petitioner shall not involve in any crime during the period on bail;

iv) The petitioner shall appear before the S.H.O. concerned once in a week on every Monday between 10-11 a.m. for a period of three months or until final report is filed which ever is earlier.

vi) The petitioner shall surrender his passport if any, before the investigating officer.

Vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.