This bail application was allowed to an accused facing charges of rape and criminal intimidation. The court imposed stringent conditions including bond execution, passport surrender, and non-exit from the state.
Anticipatory bail granted subject to hefty bond, passport surrender, no exit from Kerala, and cooperation with investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 24TH DAY OF JULY 2017/2ND SRAVANA, 1939
Bail Appl..No. 4690 of 2017 ()
CRIME NO. 2189/2016 OF PANDALAM POLICE STATION , PATHANAMTITTA
PETITIONER(S)/ACCUSED:
FAISAL SALIM
S/O SALIM RAWTHER, 30 YEARS, FAIRUZ MANZZIL, KADAKKADU, PANDALAM P.O., PATHANAMTHITTA DISTRICT, KERALA-689501.
BY ADVS.SRI.V.S.CHANDRASEKHARAN SRI.M.V.DAS SMT.LEKSHMI SWAMINATHAN SMT.MARIAN G.M.THARAKAN SRI.S.JAYAKUMAR KUM.SHAHINA HAMEED
RESPONDENT(S)/RESPONDENT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KERALA-689501
2. SUB INSPECTOR OF POLICE
PANDALAM POLICE STATION, PANDALAM, PIN:689501.
3. SRUTHI TILAK
W/O RAVI TILAK, CHOORAKKA MANNIL SRUTHINILAYAM, KUMBAZHA P.O., PATHANAMTHITTA DISTRICT, KERALA-689501.
R BY PUBLIC PROSECUTOR SMT. M.N MAYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sab
SHIRCY.V, J.
Bail Application No.4690 of 2017
Dated this the 24th day of July, 2017
O R D E R
The petitioner is the sole accused in Crime No.2189/2016 of Pandalam Police Station registered for the offences punishable under Sections 376 and 506 of IPC.
The de-facto complainant, while she was a student in
a college got acquaintance with the petitioner who was also an Engineering student in an Engineering College, in the year 2010. They had physical contacts and sexual relationship with each other. Under a false promise that he would marry her had indulged in sexual relationship with her. Their relationship continued even after he left to gulf in connection with his employment. After he returned from gulf also he had sexual relationship with her and later deviated from the promise to marry her and thus exploited her sexually and committed the aforesaid offences.
Bail Application No.4690 of 2017
was only with her consent. He had even presented her with a car in the name of her mother by availing a loan from a finance company and the entire installment amounts have been paid by him while he was working abroad. She had also received money from him on various days and their relationship was going on but later while he was abroad she had sent a photograph to him and informed that she is going to marry the person in that photograph. Actually, the allegation that he has committed rape on her is absolutely false and he has not committed any offence as alleged. But he apprehends arrest and torture by the police and to avoid the undeserved arrest and torture, this application has been filed.
Bail Application No.4690 of 2017
same. It is further revealed from the records that the de facto complainant and this petitioner was having sexual relationship with each other and their relationship was known to the parents of both the parties. They had even exchanged wedding rings. But now the relationship has strained and on her complaint, this case has been registered against the petitioner. She has also given statement under 164 Cr.P.C before the Magistrate concerned narrating the entire things happened in the relationship. The investigation of the case is well in progress. Considering the nature of the allegations leveled against this petitioner, I think that the investigating agency has to go deep into the allegations leveled against him and unearth the truth. But considering the special nature of the allegations, and present stage of investigation, I think that this petition for anticipatory bail can be allowed subject to some stringent conditions.
1). The petitioner shall be released on bail after interrogation on his executing a bond for Rs.1,00,000/(Rupees One lakh only) with two solvent sureties each for the like sum in the event of his arrest by the police in connection with this case.
Bail Application No.4690 of 2017
Officer.
4). He shall not leave the State of Kerala for a period of two months.
5). He shall not commit any offence or indulge in any prejudicial activities while on bail.
the learned Magistrate is empowered to cancel the bail in accordance with law.
Accordingly, the bail application is allowed.
Sd/-
SHIRCY.V, JUDGE
sab
2 issues framed by the court
Whether to grant anticipatory bail to the accused in a rape and criminal intimidation case pending investigation.
Whether stringent conditions can be imposed to grant bail while the investigation is in progress.
2 provisions across 2 enactments
Faisal Salim
State of Kerala
Sruthi Tilak
Shircy V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
