Allowed

Syamjith K v. State of Kerala

Kerala HC12 Jun 2023Bail Appl./4099/2023

Case brief

AI extract

What is this about?

The Court disposed of an anticipatory bail application filed by an accused in a rape case. Considering the admitted relationship, parties maturity, and delay in reporting, bail was granted subject to demonstrating cooperation with investigation by surrendering for interrogation and executing a bond with sureties.

What did the court decide?

Petitioner released on bail subject to surrender for interrogation, executing bond with sureties, cooperation with investigation and disclosure of passport.

Syamjith K Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
BAIL APPL. NO. 4099 OF 2023

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(Crime No.391/2023 of Kasaba Police Station,

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Kozhikode)

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PETITIONER/ACCUSED:

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SYAMJITH K
AGED 29 YEARS
KIZHUKATTUKUNDIL HOUSE IRUMBUZHI-PO, MALAPPURAM
DISTRICT., PIN - 676509
BY ADVS.
P.VENUGOPAL
SRILAKSHMI T.S.

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RESPONDENT/STATE AND DEFACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2STATION HOUSE OFFICER
KASABA POLICE STATION, KOZHIKODE PUTHIYARA-PO,
KOZHIKODE DISTRICT., PIN - 673004
BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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ADV SEETHA S -SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

B.A.No. 4099 of 2023

O R D E R

This is an application filed under Section 438 of the Code of

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Criminal Procedure seeking anticipatory bail.

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The petitioner is the accused in Crime No.391/2023 of Kasaba Police Station, Kozhikode. The offences alleged against the petitioner are punishable under Sections 376(2)(a)(ii) & (n) of the Indian Penal Code.

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The prosecution case is that the victim, a lady aged 23 years, who was attending PSC coaching at an institution at Manjery, got acquainted with the petitioner through Instagram. Thereafter, they had regular contact. E ventually, t hey fell in love, and the petitioner assured to marry her. It is alleged that on 17.09.2021, the defacto complainant was asked to come to Kozhikode, and thereupon when she reached there, she was taken to a hotel in Kozhikode and had forceful sexual intercourse. It is also alleged that the petitioner had taken nude photographs of the victim, and thereafter, by threatening that the said photographs would be published, the defacto complainant was subjected to sexual intercourse on several other occasions. The last incident reportedly occurred on 01.10.2022. The complaint was submitted on 07.05.2023 in connection with the same. As the petitioner

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B.A.No. 4099 of 2023

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3 apprehends arrest in connection with the investigation, this application is submitted.

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Heard Sri.P.Venugopal, the learned counsel appearing for the petitioner and Smt.Seetha.S., the learned Public Prosecutor for the State.

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The learned counsel for the petitioner would submit that the petitioner is innocent of all the allegations. Even according to the defacto complainant, there was a relationship between the parties and considering the man ner in which the sexual acts were allegedly committed, no offence would be attracted. According to him, the sexual intercourse between the parties was based on mutual consent, and the petitioner also denied the allegation of false promises of marriage. The petitioner further points out that he is a Government servant, and thereby the arrest of the petitioner will cause serious prejudice to him. The petitioner is prepared to abide by any conditions that may be imposed by this Court and shall cooperate with the investigation.

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On the other hand, the learned Public Prosecutor would oppose the bail application by pointing out specific allegations of forceful sexual intercourse. The matter is under investigation, and therefore, dismissal of the bail application is sought.

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B.A.No. 4099 of 2023

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I have gone through the records. As rightly pointed out by the learned counsel for the petitioner, going through the statement of the victim, it can be seen that there existed a relationship between the parties. The defacto complainant is a lady of 23 years capable of taking decisions on her own. Even though there is an allegation that a false promise of marriage was made, that is a matter for investigation. The delay in reporting the matter was also highlighted by the learned counsel for the petitioner while supporting his contention for bail. The last incident was on 01.10.2022, whereas the crime was reported only on 07.05.2023. When considering all the aforesaid aspects, including the admitted relationship between the parties, the age as well as the maturity of both parties, delay in reporting the matter and other relevant aspects, the contentions put forward by the learned counsel for the petitioner cannot be simply brushed aside. In such circumstances, I a m of the view that the interest of justice would be served if the cooperation of the petitioner with the investigation is ensured.

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In the result, the application is disposed of with the following conditions:-

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B.A.No. 4099 of 2023

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i) The petitioner shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting himself to interrogation.

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ii) After interrogation, the petitioner shall be released on bail on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/- (Rupees One Lakh only) with two sureties each for the like sum, to the satisfaction of the Investigating Officer

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iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.

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iv) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

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v ) The petitioner shall also appear before the Investigating Officer as and when required by him.

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vi) The petitioner shall not commit any offence of similar nature while on bail.

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vii) The petitioner shall not make any 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

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B.A.No. 4099 of 2023

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influence any witnesses or other persons related to the investigation.

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viii) The petitioner shall not leave the State of Kerala

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without the permission of the Jurisdictional Court.

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ix) The petitioner shall surrender the passport before the investigating officer, and upon such surrender, the investigating officer shall produce the same before the jurisdictional court.

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In case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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rpk

Syamjith K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Syamjith K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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