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2013 DIGILAW 912 (KER)

Suresh v. State of Kerala, represented by The Public Prosecutor, High Court of Kerala

2013-10-28

P.BHAVADASAN

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JUDGMENT 1. The petitioner is the sole accused in Crime No.578/2013 of Upputhara Police Station who is alleged to have committed the offence punishable under Section 376 of Indian Penal Code. The allegation against him seems to be that by making a false promise of marriage, he had subjected the victim to sexual intercourse on several days commencing from 26.10.2011 till the date of laying of the complaint. 2. The petitioner would say that he is innocent and has been falsely implicated in the matter. According to him, even though there was any physical contact, that was out of consensus and on volition of the victim. It is also pointed out that the petitioner has been in custody from 03.10.2013 onwards and his continued custody is unnecessary. 3. Learned Public Prosecutor opposed the petition. She only pointed out that the offence is of serious nature and the investigation is going on. 4. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, the claim of the petitioner that he is innocent may not be capable of acceptance as of now. It needs to be noticed that the first incident is alleged to have occurred on 26.10.2011 and the victim is aged 36 years and is a divorcee with three children. The claim of the petitioner that if all any physical contact was there, it was with the consensus of the lady cannot be easily brushed aside. Whatever that be, a probe into the veracity of the allegations is not warranted at this point of time. The petitioner has been in custody from 03.10.2013 onwards and a good part of the investigation must have been completed by now. Since no apprehension is expressed by the investigating agency that if the petitioner is released on bail, he is likely to abscond, his continued custody appears to be unnecessary. The application is allowed on the following conditions: i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. iii) The petitioner shall report before the Investigating Officer on every Tuesday between 9 a.m and 10 a.m until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law.