Allowed

Balakrishnan M., v. State of Kerala

Kerala HC7 Mar 2024Bail Appl./329/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by the sole accused in a rape and sexual assault case. The court noted the FIR was lodged only after a crime was registered against the defacto complainant's husband, supporting the petitioner's relationship contention, and granted pre-arrest bail subject to surrender for interrogation.

What did the court decide?

Anticipatory bail granted; surrender by 12.03.2024, release on Rs.50,000 bond with two solvent sureties, subject to conditions including no contact with victim or witnesses.

Balakrishnan M., Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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BAIL APPL. NO. 329 OF 2024

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CRIME NO.11/2024 OF Badiadukka Police Station, Kasargod

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PETITIONER:

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BALAKRISHNAN M.,
AGED 40 YEARS
S/O.SREEDHARAN, ARLADKA, NEKRAJE VILLAGE, KASARGOD,
PIN - 671124

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BY ADVS.
ATHIRA A.MENON
S.VISHNU (TRIPUNITHURA)

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RESPONDENTS

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 STATION HOUSE OFFICER, BADIADKA POLICE STATION, KASARGOD, PIN - 671551

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OTHER PRESENT:

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SR.PP-SRI.RENJIT GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.329 of 2024

O R D E R

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by the sole accused in Crime No.11 of 2024 of Badiadka Police Station, Kasaragode, registered under Sections 370, 370A(2), 376(2)(a), 354A(1)(i), 323 and 506 of IPC.

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The prosecution allegation is that, on 25.06.2023 at 1.00 p.m, while the defacto complainant was going home after work, the petitioner offered a lift to her in his autorickshaw and on the way, she was intoxicated using some drugs and thereafter, the petitioner committed rape on her. He took her nude photographs and threatened her to circulate it in social media. Again on 15.10.2023, he took her in his autorickshaw, and then also, he sexually assaulted and raped her.

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail application.

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Learned counsel for the petitioner would submit that

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B.A. No.329 of 2024

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the petitioner and the defacto complainant were in a relationship. When her husband came to know about their relationship, he brutally attacked the petitioner herein for which Crime No.1134 of 2023 of Badiaduka police station was registered on 29.12.2023. Only after registration of that crime, the defacto complainant lodged a complaint against the petitioner, alleging rape.

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On going through the records made available, it could be seen that Crime No.1134 of 2023 was registered against the husband of the defacto complainant on 29.12.2023 under Sections 341, 324, 308 and 506 of IPC. The defacto complainant lodged Annexure A3 FIR only on 05.01.2024, ie; after registering crime against her husband. That fact substantiates the contention of the petitioner that he was in a relationship with the defacto complainant and when her husband knew about the relationship, he was brutally attacked and thereafter she lodged a complaint against the petitioner may be to save her husband from Crime No.1134 of 2023.

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In such circumstances, this Court is inclined to allow this petition on the following terms:-

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B.A. No.329 of 2024

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i) The petitioner is directed to surrender before the investigating officer on or before 12.03.2024 and subject himself for interrogation. The investigating officer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.

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ii) 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.

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iii) The petitioner shall appear before the investigating officer as and when directed.

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iv). The petitioner shall not contact the victim or her family members or cause any kind of harassment to them, either directly or indirectly.

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(v). The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

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

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B.A. No.329 of 2024

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(vii). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.

Sd/-

SOPHY THOMAS

JUDGE

smm

Balakrishnan M., v. State of Kerala

Case brief

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Balakrishnan M., v. State of Kerala

Case brief

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