Kerala High Court
Xxxx vs State Of Kerala on 8 September, 2021
Author: V Shircy
Bench: V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
BAIL APPL. NO. 6200 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 922/2021 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM, ERNAKULAM
CRIME NO.363 OF 2021 OF ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM
APPLICANT/ACCUSED NO.1 :-
XXXX
XXXX
XXX
BY ADVS.
P.VIJAYA BHANU (SR.)
M.REVIKRISHNAN
AJEESH K.SASI
P.M.RAFIQ
POOJA PANKAJ
SRUTHY N. BHAT
E.VIJIN KARTHIK
RESPONDENT/STATE :-
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682 031.
SMT.SREEJA.V- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6200 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner, who is undergoing incarceration from 10.06.2021 in connection with Crime No.363 of 2021 of Central Police Station, Ernakulam has filed this application seeking his release on bail.
3. The petitioner and the defacto complainant were in a romantic and sexual relationship from the month of February, 2020 onwards. They were living together in a flat at Marine Drive. The defacto complainant is a Fashion Designer. While they were residing together, she was physically and mentally abused, tortured and brutally manhandled by the petitioner. He has also committed rape on her on various occasions and had taken her nude photographs and threatened that he would forward the same to her mother and other relatives and publish in social media. Though at the initial stage they were having a cordial relationship, gradually it turned as a BAIL APPL. NO. 6200 OF 2021 3 horrible experience for the lady as she was subjected to sexual and physical torture. He had also borrowed an amount of Rs.5,00,000/- from her promising that the same would be returned to her on a monthly basis of Rs.40,000/-. But he failed to return the same as promised by him and thus she was also cheated by him. The petitioner kept her in wrongful confinement and beaten her with belt, broom etc and then subjected her to rape. He used to leave the flat after locking the room from outside. On 08.03.2021 when he had gone out to collect food which was ordered through Zomato, she escaped from the flat and later lodged the complaint against him. Even after the registration of the crime, he intimidated and threatened her from his hide-outs to withdraw the complaint lodged by her. This is the case of the prosecution in brief.
3. On the complaint Crime No.363 of 2021 was registered against the petitioner on 08.04.2021 before the Ernakulam Central Police Station for the offences punishable under Sections 323, 324, 344, 376, 420 and 506 of the Indian Penal Code. The petitioner was BAIL APPL. NO. 6200 OF 2021 4 arrested on 10.06.2021 and since then he is in custody.
4. Heard the learned Senior Counsel for the petitioner as well the learned Public Prosecutor.
5. The learned counsel for the petitioner would submit that he is totally innocent of the allegation levelled against him.
6. The learned Public Prosecutor has submitted that now the investigation of the case is over and final report has been submitted before the court concerned and committal proceedings are pending. Though the offences alleged against the petitioner are grave and serious in nature and he is involved in some other cases, further detention is found unnecessary. Moreover, no materials are available on record to conclude at this stage that custodial trial is inevitable in the case.
Therefore, I am inclined to release him on bail subject to the following conditions :-
(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/-
(Rupees one lakh only)with two solvent sureties BAIL APPL. NO. 6200 OF 2021 5 for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The petitioner shall not commit any offence while on bail.
(iv) He shall not circulate the photographs of the defacto complainant or any messages sent or forwarded by her to this petitioner during their life together.
(v) He shall fully co-operate with the trial of the case.
(vi) He shall not try to meet or contact the defacto complainant or cause any kind of disturbance to her.
In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V. JUDGE SMA