The Hon'ble Court granted anticipatory bail to the first accused in a rape case alleging false promise of marriage. Considering consensual probability, the Court imposed conditions for investigation cooperation and passport surrender.
Petitioner released on bail with bond of Rs.50,000 and conditions to cooperate with investigation and surrender passport.
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 MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940
Bail Appl..No. 1261 of 2018
CRIME NO.668/2017 OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT
PETITIONER/1ST ACCUSED:
MUHAMMED ANAS, S/O.KUNHABDULLA, AGED 27 YEARS, SAFAGE MANZIL, CHEMANATHUR POST, VATAKARA, KOZHIKODE DISTRICT -670 301.
BY ADV.SRI.P.K.RAVISANKAR
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-03-2018,THE COURT ON 22-03-2018 PASSED THE FOLLOWING:
sts 22/3/2018
R. NARAYANA PISHARADI, J.
Bail Application No.1261 of 2018
Dated this the 22nd day of March, 2018
O R D E R
~ ~ ~ ~ ~
This is an application for anticipatory bail filed under
Section 438 of the Code of Criminal Procedure.
OP(CAT)/(KAT)./18 :2:
learned Public Prosecutor. Perused the case diary and also the report filed by the Investigating Officer.
OP(CAT)/(KAT)./18 :3:
shows that she had been on intimate terms with the petitioner long before the alleged incident, at least from the year 2015 onwards. Both the victim and the petitioner were married persons on the date of the alleged incident. In such circumstances, on a reading of the averments in the complaint as a whole, consensual sex between the victim and the petitioner cannot be ruled out. True, the prosecution has got a case that the consent of the victim for sexual intercourse was obtained by the petitioner on a false promise of marriage made to her. But, considering the marital status of the victim and the petitioner, probability of the victim believing the promise given by the petitioner appears to be very remote. At any rate, custodial interrogation of the petitioner appears to be not necessary to have an effective investigation in the case. The prosecution has no case that the petitioner has got any criminal antecedents. Considering these aspects, I find that the discretion of the court can be exercised in favour of the petitioner to grant him pre-arrest bail, provided he would
OP(CAT)/(KAT)./18 :4:
co-operate with the investigation of the case.
ordered as follows:
OP(CAT)/(KAT)./18 :5:
complainant, even over phone or otherwise.
OP(CAT)/(KAT)./18 :6:
the bail in accordance with law without any further orders of this Court.
Sd/-
R. NARAYANA PISHARADI JUDGE
okb.
//True copy// P.A. to Judge
2 issues framed by the court
Whether anticipatory bail can be granted to the accused in a case of rape by promising marriage despite his own marital status.
Whether custodial interrogation is necessary for an effective investigation in the given circumstances.
1 provisions across 1 enactments
Muhammed Anas
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
