Allowed

Vipin Saseendran v. State of Kerala

Kerala HC20 Dec 2021Bail Appl./4607/2021

Case brief

AI extract

What is this about?

This judgment allows an anticipatory bail application filed by VIPIN SASEENDRAN, accused in Case No.268/2021 involving offences of rape and cheating. The court grants bail subject to specific conditions including posting a bond, daily reporting for investigation, surrender of passport, and refraining from interfering with the investigation or influencing witnesses.

What did the court decide?

Petitioner granted bail on executing bond of Rs.50,000 with sureties, surrendering passport, appearing daily for investigation for 25 days, and complying with police summons.

Vipin Saseendran Vs State of Kerala — Cheating and Forgery | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943 BAIL APPL. NO. 4607 OF 2021

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CRIME NO.268/2021 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA

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PETITIONER/ACCUSED:

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VIPIN SASEENDRAN, AGED 30 YEARS S/O. SASEENDRAN, VISHNU VILASAM, KANICHANELLOOR, MUTTOM P.O., HARIPPAD, CHEPPAD, ALLAPPUZHA DISTRICT690 511.

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BY ADV DHANYA BABU

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RESPONDENTS/COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATE OF KERALA STATION HOUSE OFFICER, KARIYILAKULANGARA POLICE STATION, NANGIARKULANGARA P.O., ALAPPUZHA DISTRICT690 513.

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ADDL.R3 “VICTIM”

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VICTIM IS IMPLEADED AS PER ORDER DATED 5/7/2021 IN CRL.M.A. NO.1/2021 IN BA NO.4607/2021.

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BY ADVS. K.R.SUNIL AISWARYA VENUGOPAL KRISHNA SURESH EASHWARY.V

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BY SRI.NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 4607 OF 2021

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.268 of 2021 of Kariyilakulangara Police Station, Alappuzha District, which was registered alleging commission of offences under Sections 376(1) and 420 of the Indian Penal Code.

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The allegation against the petitioner is that he entered into a relationship with the de facto complainant on the false pretext of marriage and subjected her to sexual relationships under that promise on several occasions and thereafter, withdrew from the promise of marriage. There is also an allegation that the petitioner has cheated the de facto complainant of large sums of money.

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The learned counsel for the petitioner submits that even if the entire allegations in the FIR is taken to be true, the relationship is purely consensual and no offence of rape, as defined under Section 375 of IPC, is attracted in the facts and circumstances of the case. Insofar as the money transaction is concerned, it submitted that the entire claim of the de facto complainant was settled by the petitioner by transferring an amount of Rs.1,70,000/- to her. It is also submitted that, at any rate, the custodial interrogation of the

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BAIL APPL. NO. 4607 OF 2021

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petitioner is not necessary in the facts and circumstances of the case.

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The learned counsel for the de facto complainant submits that the petitioner had entered into a relationship with the de facto complainant on the promise of marriage and that the de facto complainant had taken care of the petitioner on that pretext. It is also submitted that the petitioner was, in fact, living with the de facto complainant in Dubai and that she had taken care of him even when he did not have any employment. It is submitted that the petitioner had taken the de facto complainant to various places and introduced her to his friends and relatives as the person to whom he was getting married. It is also submitted that huge sums of money was swindled by the petitioner and that thereafter, he withdrew from the promise of marriage, which shows that his promise was false at the inception. It is also submitted that it is settled law that when consent is obtained in a fraudulent manner, the offence of rape is clearly attracted.

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The learned Public Prosecutor, on instructions, submits that the allegations against the petitioner are serious and custodial interrogation of the petitioner may be necessary for the purpose of conducting potency test etc. It is submitted that, the truth or

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BAIL APPL. NO. 4607 OF 2021

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otherwise, the allegations raised by the de facto complainant can be ascertained only after thorough investigation. It is also submitted that the investigation conducted thus far shows that the statement given by the de facto complainant under Section 164 Cr.P.C. is true.

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Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail on condition that a limited custody of the petitioner is available to the prosecution for the purpose of investigation.

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.268 of 2021 of Kariyilakulangara Police Station, Alappuzha District, subject to the following conditions:

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(a) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

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(b) Petitioner shall co-operate with the investigation and appear before the investigating officer in Crime No.268 of 2021 of Kariyilakulangara Police Station, Alappuzha District, everyday at 9 am from 26.12.2021 till 15.01.2022 and thereafter, whenever called upon to do so;

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BAIL APPL. NO. 4607 OF 2021

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(c) The investigating officer may, during the aforesaid period, subject the petitioner to interrogation, tests such as potency test etc., and may effect recovery of any object and take all steps as may be necessary to complete in the process of investigation.

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(d) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.268 of 2021 of Kariyilakulangara Police Station, Alappuzha District;

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(e) The petitioner shall surrender his passport before the jurisdictional court;

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(f) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions is violated, the investigating officer in Crime No.268 of 2021 of Kariyilakulangara Police Station, Alappuzha District, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/20.12.2021

Vipin Saseendran v. State of Kerala

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Vipin Saseendran v. State of Kerala

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