Ragesh.T v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 25[TH] DAY OF JULY 2024 / 3RD SRAVANA, ``` ## **`1946`** ``` BAIL APPL. NO. 5033 OF 2024 ``` ``` CRIME NO.178/2024 OF Payangadi Police Station, Kannur ``` ``` AGAINST THE ORDER IN Bail Appl. NO.2333 OF 2024 OF HIGH COURT OF KERALA ``` ``` PETITIONER/ACCUSED: ``` ``` RAGESH.T AGED 33 YEARS S/O. LATE RAJAN.V.V, RESIDING AT MADAYI AMSOM DESOM ADUTHILA, PO. PAZHAYANGADI, PAYYANUR TALUK. KANNUR DISTRICT, PIN – 670334. ``` ``` BY ADVS. M.V.AMARESAN S.S.ARAVIND ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. ``` ``` PUBLIC PROSECUTOR SRI M P PRASANTH ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2024, THE COURT ON 25.07.2024 DELIVERED THE FOLLOWING: ``` ``` B.A.NO.5033/2024 2 ``` ## _**A. BADHARUDEEN, J.**_ _**================================**_ _B.A.No.5033 of 2024_ _================================ Dated this the 25th day of July, 2024_ ## _**O R D E R**_ This is an application for regular bail, filed by the petitioner, who is the sole accused in Crime No.178/2024 of Payangadi Police Station, Kannur. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 3. I have perused the relevant documents form part of the case diary. 4. The prosecution case is that the accused raped the defacto complainant on the promise of marriage after having made acquaintance with effect from December, 2021. The ``` B.A.NO.5033/2024 3 ``` specific allegation is that on 23.11.2022 and on subsequent dates, the accused subjected the defacto complainant to sexual intercourse, promising to marry her. Further, the accused also obtained Rs.75,000/- from the defacto complainant with offer to return the same. The further allegation is that on 06.12.2023 when the defacto complainant reached the residence of the accused, he wrongfully restrained and manhandled her. This is the base on which the prosecution alleges commission of offences punishable under Section 376(2)(n), 420, 341, 323 of the Indian Penal Code. 5. The learned counsel for the petitioner would submit that the petitioner is innocent and the allegations are false. According to him, if at all any sexual intercourse, same is the outcome of consent and in such view of the matter, no offence under Section 376(2)(n) of the IPC would attract. It is submitted that the defacto complainant and the ``` B.A.NO.5033/2024 4 ``` accused became friends through social media and the defacto complainant informed the petitioner that she was unmarried and her age was 27 years. But later it was noticed that she was aged 39 years and the petitioner deviated from the marriage for the said reasons as the petitioner was not ready to marry an elderly woman. Accordingly it is submitted that the petitioner, who was arrested on 10.06.2024 after dismissal of B.A.No.2333/2024 filed seeking anticipatory bail as per Annexure 2 order, is liable to be released on regular bail since his custody for the purpose of investigation is practically over. 6. The learned Public Prosecutor strongly opposed grant of bail and submitted that in this matter, the accused and the defacto complainant are unmarried persons and they maintained an affair as admitted by the accused himself and as stated by the defacto complainant and the defacto complainant was subjected to sexual intercourse with offer to ``` B.A.NO.5033/2024 5 ``` marry her. Accordingly, the learned Public Prosecutor would submit that the investigation is at the initial stage and in such a case, release of the petitioner on bail would stall the investigation. 7. Going by the prosecution allegations, the relationship between the accused and the defacto complainant started through online while they were in search of spouse. Later, the defacto complainant was subjected to sexual intercourse promising to marry her. But the accused deviated from the promise of marriage after subjecting the defacto complainant to sexual intercourse on asserting that the defacto complainant was aged 39 years and she misrepresented her age as 27. Even though the learned counsel for the accused pointed out the age of the defacto complainant as 39, the age of the victim stated in the medical examination certificate is 32 years and the age of the accused is stated as 34 years. In the cause title of this bail application ``` B.A.NO.5033/2024 6 ``` also, the accused stated his age as 33 years. Thus this is a case in which a relationship was maintained between the accused and the defacto complainant on the promise of marriage and the accused subjected the defacto complainant to sexual intercourse with promise of marriage and thereafter deviated from such promise. Thus the allegation of the prosecution that the accused herein committed rape against the defacto complainant is, _prima facie_ , foreseeable. 8. It is noticed that after dismissal of B.A.No.2333/2024 as per Annexure 2 order, the petitioner was arrested on 10.06.2024. Now the investigation has achieved much progress and therefore, the further custody of the petitioner is not required in the facts of this particular case. 9. Accordingly, this petition stands allowed and the petitioner can be enlarged on bail on the following conditions: ``` B.A.NO.5033/2024 7 ``` i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned. ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. Accused/petitioner shall appear before the Investigating Officer on all Mondays for a period of six weeks in between 10 a.m and 1 p.m, after release of him on executing bond. iv. Accused/petitioner shall not leave India without the permission of the Special court. v. Accused/petitioner shall surrender his passport before the trial court on the date of execution of the bail bond or within ten days therefrom, with special permission of the trial court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time. ``` B.A.NO.5033/2024 8 ``` vi. Accused/petitioner shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted. Sd/- ## _**(A. BADHARUDEEN, JUDGE)**_ _rtr/_ ``` B.A.NO.5033/2024 9 ``` ## **`APPENDIX OF BAIL APPL. 5033/2024`** ``` PETITIONER’s ANNEXURES ``` ## **`Annexure- 1`** ``` TRUE COPY OF ORDER PASSED BY HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANUR IN CMP NO. 4214/2024 DATED 12.06.2024. ``` - **`Annexure -2 TRUE COPY OF ORDER PASSED BY THIS HON'BLE COURT IN B.A. NO. 2333/2024 DATED 07.06.2024.`** - **`Annexure 3 ORDER DATED 07-06-2024 IN BAIL APPL.2333/2024 ON HIGH COURT.`**