IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945
BAIL APPL. NO. 7170 OF 2023
CRIME NO.1030 OF 2023 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT
PETITIONER/2ND ACCUSED:
UMESH
BY ADV SASTHAMANGALAM S. AJITHKUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682 031.
BY ADV. SRI.SANGEETHA RAJ N.R [PP]
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2023/KER/52313
B.A.No. 7170 of 2023
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O R D E R
Dated this the 1
st day of September, 2023
This application is filed u/s 438 of the Code of Criminal
Procedure seeking pre-arrest bail.
2. The applicant is the accused No.2 in Crime No.1030/2023
of Thiruvalla Police Station. The offences alleged are punishable
under Sections 376 D of the Indian Penal Code and 67 a of the
Information Technology Act.
3. The prosecution case, in short, is that the applicant and
the accused No.1 brought the victim to a hotel at Thiruvalla,
stupefied her after giving liquor, engaged in sexual intercourse, took
her sexually explicit video and transmitted the same on electronic
media.
4. I have heard Sri. Sasthamangalam S. Ajithkumar, the
learned counsel for the applicant and Sri. Sangeetha Raj N.R, the
learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the
applicant is innocent and has been falsely implicated in the present
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B.A.No. 7170 of 2023
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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 as well as Annexure-3 WhatsApp
screenshot between the applicant and the victim. WhatsApp
screenshot would show that the victim voluntarily went to the hotel
knowing very well that the applicant and the accused No.1 were
there in the hotel. The WhatsApp chat would further show that the
sex they had at the hotel was consensual in nature. Annexure -4
receipt for payment of Rs.5,000/- coupled with her WhatsApp chat
would show that the applicant paid Rs.5,000/- to the victim after the
alleged incident of rape. Moreover, there is a delay of 12 days in
lodging the FIR. 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.
2023/KER/52313
B.A.No. 7170 of 2023
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In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the event of his
arrest on executing 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
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.
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B.A.No. 7170 of 2023
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(vi) The applicant shall not leave the State of Kerala without
the permission of the trial Court.
(vii) 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
ats
2023/KER/52313
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