Allowed

Pradeep v. State of Kerala

Kerala HC8 Dec 2021Bail Appl./8568/2021

Case brief

AI extract

What is this about?

In Bail Application No. 8568 of 2021, the Ernakulam High Court granted anticipatory bail to the accused Pradeep, charged with rape under Section 376(2)(n) IPC, among others. The court imposed specific conditions including posting bond, cooperating with investigation, non-contact with the complainant, and surrender of passport to ensure investigation progress and non-repetition of offences.

What did the court decide?

Anticipatory bail granted with conditions including bond execution, daily reporting, non-contact with complainant, and passport surrender.

Pradeep Vs State of Kerala — Anticipatory Bail | 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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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA,

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1943

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BAIL APPL. NO. 8568 OF 2021

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CRIME NO. 1304/2021 OF PALAKKAD TOWN NORTH POLICE

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STATION, PALAKKAD DISTRICT

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PETITIONER/ACCUSED:

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PRADEEP AGED 28 YEARS S/O.PRABHAKARAN, KOOTTAPURA HOUSE, PATTANCHERY P.O., PALAKKAD.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT:

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

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 8568 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.1304 of 2021 of Palakkad Town North Police Station, Palakkad District, registered alleging commission of offences under Sections 376(2)(n), 294(b), 323 and 506(i) of the Indian Penal Code.

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The allegation against the petitioner is that on false pretext of marriage, he sexually assaulted and raped the de facto complainant on several occasions in between January, 2021 and September, 2021. It is alleged that the petitioner had also agreed to have a marriage engagement ceremony and on that day, on the pretext that the relatives of the de facto complainant had not turned up, the petitioner physically assaulted the de facto complainant and thereafter, withdrew from the promise of marriage and thereby, he committed the offences alleged against him.

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The learned counsel for the petitioner would submit that the petitioner had to withdraw from the promise of marriage as it was learnt later that the de facto complainant had married earlier and

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..3..

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BAIL APPL. NO. 8568 OF 2021

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had a child out of the said marriage. It is submitted that this fact was not known to the petitioner and this was the reason why the family of the petitioner objected to the marriage of the petitioner with the de facto complainant. It is submitted that the relationship between the petitioner and the de facto complainant was purely consensual and no offence, as defined under Section 375 of IPC, has been committed.

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The learned Public Prosecutor, on instructions, submits that going by the contents of the First Information Statement, the petitioner was well aware of all the circumstances of the de facto complainant including her previous marriage and had promised to marry her. It is submitted that when the promise to marry is false at the inception, the offence of rape, as defined under Section 375 of IPC, is committed. It is submitted that the investigation in the matter is progressing and the grant of anticipatory bail to the petitioner at this stage will affect the progress of the investigation.

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Having regard to the facts and circumstances of the case and considering the fact that the interest of the investigation can be protected by granting a limited custody to the prosecution, I am of the view that anticipatory bail can be granted to the petitioner

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..4..

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BAIL APPL. NO. 8568 OF 2021

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subject to conditions.

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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.1304 of 2021 of Palakkad Town North Police Station, Palakkad District, subject to the following conditions:

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(i) 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; (ii) Petitioner shall co-operate with the investigation and appear before the investigating officer in Crime No.1304 of 2021 of Palakkad Town North Police Station, Palakkad District, everyday at 9 am from 11.12.2021 till 23.12.2021 and thereafter, whenever called upon to do so;

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(iii) Petitioner shall not contact the de facto complainant or influence or intimidate the de facto complainant or any witness in Crime No. 1304 of 2021 of Palakkad Town North Police Station.

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(iv) The petitioner shall surrender his passport before the Jurisdictional Court. If the petitioner does not have a

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..5..

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BAIL APPL. NO. 8568 OF 2021

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passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days

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of release on bail;

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

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1304 of 2021 of Palakkad Town North Police Station, Palakkad District, may file an application before the Jurisdictional Court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/08.12.2021

Pradeep v. State of Kerala

Case brief

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Pradeep v. State of Kerala

Case brief

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