Allowed

Alvin Raj S.M., v. State of Kerala

Kerala HC1 Feb 2024Bail Appl./247/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the sole accused in a case involving allegations of rape and assault. The Court observed that the investigation required the petitioner's cooperation for a potency test and imposed conditions including surrender for interrogation, periodic reporting, and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted on terms: surrender for interrogation, cooperation for potency test, reporting every alternate Saturday, and non-interference with witnesses/complainant.

Alvin Raj S.M., Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

¶4

THURSDAY, THE 1^ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945

¶5

BAIL APPL. NO. 247 OF 2024

¶6

CRIME NO.1674/2023 OF Kazhakkuttom Police Station, Thiruvananthapuram

¶7

CRMC 3270/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT-IV, THIRUVANANTHAPURAM/I ADDITIONAL MACT

¶8

PETITIONER/ACCUSED:

¶9

ALVIN RAJ S.M.,
AGED 40 YEARS
S/O. K.S. SATHYARAJ,
RESIDING AT 314 I HOUSE,
DIAMOND DISTRICT, PANGAPPARA,
THIRUVANANTHAPURAM, PIN - 695581
BY ADVS.
GEORGE MATHEW
V.S.VINEETH KUMAR
ELSA DENNY PINDIS
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.

¶10

RESPONDENT( S ) :

¶11

1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2THE STATION HOUSE OFFICER,
KAZHAKOOTTAM POLICE STATION,
THIRUVANANTHAPURAM - 695 022,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031

¶12

OTHER PRESENT:

¶13

SR.PP-SRI.VIPIN NARAYANAN

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.247 of 2024

O R D E R

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed by the

¶19

sole accused in Crime No.1674 of 2023 of Kazhakkuttom Police Station, Thiruvananthapuram, registered under Sections 342, 323, 506(i), 354 and 376 of the Indian Penal Code.

¶20

The prosecution allegation is that, on 18.11.2023, the petitioner, under the guise of settling the issues of the partnership firm “ The Like Minded ” of which, the petitioner and the defacto complainant are partners, called her to Flat No 305 D which belonged to a friend of the petitioner, and committed rape on her, and voluntarily caused hurt to her, and threatened her saying that he would send her videos and photos to her husband.

¶21

Heard learned counsel for the petitioner and learned Public Prosecutor.

¶22

BA No.247 of 2024

¶23

¶24

Learned Public Prosecutor opposed the bail

¶25

application.

¶26

Learned counsel for the petitioner would submit that, the petitioner and the defacto complainant were in a relationship since 2019, while her husband was working abroad. If at all any sexual acts were committed, it was only with the consent of the defacto complainant, and so, according to him, an offence under Section 376 of IPC will not be attracted.

¶27

Learned Public Prosecutor produced copy of the 164 statement of the defacto complainant. That statement also indicates that, the petitioner and the defacto complainant were having intimate relationship in the absence of her husband. The petitioner is ready to abide by any conditions imposed by this Court. Since the offences alleged includes an offence under Section 376 of IPC also, the investigation can be progressed, only with the cooperation of the petitioner, for conducting potency test etc. So, this Court is inclined to allow this application on the following terms;

¶28

BA No.247 of 2024

¶29

¶30

(i) The petitioner shall surrender before the Investigating Officer on or before 13.02.2024, and subject himself for interrogation.

¶31

(ii) The Investigating Officer can collect all materials/evidence relevant for the purpose of investigation, from the petitioner and can even subject him for potency test to get the certificate.

¶32

(iii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the arresting officer.

¶33

(iv) Thereafter, the petitioner shall appear before the Investigating Officer on alternate Saturdays starting from 17.02.2024 between 10.00 a.m. and 11.00 a.m. for a period of three months or till the final report is filed whichever is earlier.

¶34

(v) The petitioner shall not enter the limits of Kazhakkuttom Police Station, within the jurisdiction of which, the defacto complainant is residing with her family, for a period of three months, or till the final report is filed

¶35

BA No.247 of 2024

¶36

¶37

whichever is earlier, except for the purpose of reporting before the Investigating Officer.

¶38

(vi) The petitioner shall not influence or intimidate the defacto complainant or her family members, either directly or indirectly.

¶39

(vii) The petitioner shall not influence the witnesses, or tamper with the investigation.

¶40

(viii) The petitioner shall not commit any offence while on bail.

¶41

(ix) In case of violation of any of these conditions,

¶42

the investigating officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.

¶43

Sd/-

¶44

SOPHY THOMAS JUDGE

¶45

rkj

Alvin Raj S.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alvin Raj S.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sivaprakasan.K Vs State of Kerala

Greshwin a.W., Vs State of Kerala

Anujith Alias Jithu., Vs State of Kerala

Visakh C.R., Vs State of Kerala

Sushama Mavila, Vs State of Kerala

Devika Balakrishnan, Vs State of Kerala