Kerala High Court
Sureshkumar vs State Of Kerala on 29 March, 2023
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
BAIL APPL. NO. 1195 OF 2023
PETITIONER/PETITONER/ACCUSED:
SURESHKUMAR, AGED 52 YEARS
S/O SAHADEVAN, S N SADANAM, RAMAKKALMEDU P.O.,
IDUKKI, PIN - 685552
BY ADVS.AISWARYA E J VETTIKOMPIL
JUSTIN DAVID
CHRISTINE MATHEW
P.MARTIN JOSE(M-580)
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI..M.P.PRASANTH P.P ,
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.1195/2023
-:2:-
ORDER
Dated this the 29th day of March, 2023 This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2. The applicant is the accused No.1 in Crime No.97/2023 of Nedumkandam Police Station. The offences alleged are punishable under Sections 354, 354A(1)(i), 354B, 376(2)(n) of the IPC, 66E and 67 of the Information Technology Act, 2000.
3. The prosecution case, in short, is that the applicant with the help of the remaining accused committed rape on the victim at his office premises on 10.7.2020 at 11 am, in the 1 st week of June, 2021 at 11 am and lastly on 21.1.2023 at 4 pm. It is further alleged that the accused Nos.2 and 3 recorded the video of the sexual act and circulated it to others and thereby committed the offences.
4. I have heard Sri. P. Martin Jose, the learned counsel for the applicant and Sri. M.P. Prasanth, the learned Public Prosecutor. Perused the case diary.
B.A.No.1195/2023-:3:-
5. 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 get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
6. I went through the FIS and the documents produced along with the bail application. It would show that the victim was an employee of the applicant. The remaining accused are also the employees under the applicant. The alleged incidents were taken place at the office premises. A reading of the FIS gives an impression that the applicant and the victim were in close relationship and they had consensual sex several times. Of course, it is stated in the FIS that it was against her will. The applicant has produced Annexure 1 complaint filed by him against the accused No.3 and three others before the SHO, B.A.No.1195/2023 -:4:- Nedumkandam. It was given on 4.2.2023. Annexure 2 is the acknowledgment showing the receipt of the said complaint. In the said complaint, the applicant stated that he had consensual sexual act with the victim and the 2 nd accused and others happened to video-graph the same and they are blackmailing him demanding ₹10,00,000/- stating that unless the amount is paid, the video that they had recorded will be circulated. It is thereafter the present complaint was filed and the FIR was lodged. According to the victim, the 3rd incident was taken place on 21.1.2023 at the office of the accused No.1. Annexure 5 copy of the rent deed produced would show that on 1.2.2022, the office building was let out to another person. The applicant has no criminal antecedents.
7. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant. In the result, the bail application is allowed and the following directions are issued:
The applicant shall surrender before the investigating officer B.A.No.1195/2023 -:5:- within a week from today. On such surrender, the investigating officer shall take him for conducting potency test on the same day, after recording his arrest. In the event of recording the arrest, the applicant shall be released on bail on the following conditions:-
(i) The applicant shall execute 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 arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
(iii) 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.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the B.A.No.1195/2023 -:6:- 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.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) If for any reason, the potency test could not be conducted on the same day, the applicant shall appear for potency test as and when directed.
(viii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
sd/-
DR. KAUSER EDAPPAGATH JUDGE kp B.A.No.1195/2023 -:7:- APPENDIX OF BAIL APPL. 1195/2023 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE COMPLAINT DATED 04.02.23 BEFORE THE SHO, NEDUMKANDAM POLICE STATION Annexure2 A TRUE COPY OF THE RECEIPT OF ANNEXURE
- 1 COMPLAINT Annexure3 A TRUE COPY OF THE COMPLAINT DATED 04.02.23 BEFORE THE SHO, NEDUMKANDAM POLICE STATION Annexure - 4 ANNEXURE 4 IS A PEN DRIVE WHICH CONTAINS THE AUDIO CLIPS OF THE DE FACTO COMPLAINANT Annexure - 5 A COPY OF THE RENT DEED DATED 01.01.2022 EXECUTED BETWEEN MANMADHAN AND ABDUL AZEEZ