THE COURT CAN GRANT BAIL TO AN ACCUSED CHARGED WITH AN OFFENCE PUNISHABLE UNDER SECTION 376(2)(N) OF THE IPC, SUBJECT TO STRINGENT CONDITIONS.

The petitioner is the sole accused in Crime No.189 of 2024 registered at the Harippad Police Station for the offences punishable under Sections 376(2)(n) and 506 of IPC. The crime is registered on the allegation that the petitioner had subjected the defacto complainant to sexual intercourse on various occasions by promising to marry her. After satisfying his lust, the petitioner retracted from his promise and then only the the defacto complainant realized that she was being used. The petitioner was arrested on 2/03/2024 and is continued in custody.

2. Learned Counsel for the petitioner submits that the allegations are patently false. The actual fact is that the petitioner and the defacto complainant were having an affair and had indulged in sexual intercourse. The petitioner is a student aged 20 years, where as the defacto complainant is a married lady aged 21 years. Hence, the allegation that the petitioner had deceived the defacto complainant into having sexual intercourse with him on the false promise of marriage cannot be believed. Finally, it is contended that investigation is almost over and no purpose will be served by the continued incarceration of the petitioner.

3. Learned Public Prosecutor submitted that the age of the perpetrator or the victim are not the only relevant factors as far as the offence under Section 376(2) of IPC is concerned and whether the sexual intercourse was consensual or not, has to be decided based on the materials gathered during investigation.

4. Going by the allegations in the First Information Statement, the petitioner and defacto complainant had indulged in sex for the first time in December 2023. Thereafter, the petitioner is alleged to have committed rape on the defacto complainant at various places on different dates. It is indisputable that the petitioner is a student and the defacto complainant is a married lady.

5. Even going by the allegations, the possibility of the parties being in a consensual relationship cannot be ruled out. Of course, as contended by the learned Public Prosecutor, those aspects are to be decided based on evidence. Be that as it may, considering the age of the petitioner and the progress of the investigation, I am of the opinion that the petitioner's continued custody is not required and the petitioner can be enlarged on bail, subject to stringent conditions.

6. The bail application is accordingly allowed with the following directions;

i) The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/-(Rupees One Lakh only) with two solvent sureties for the like amount to the sanctification of the jurisdictional court. One among the sureties shall either be a parent or a near relative of the petitioner.

ii) The petitioner shall surrender his passport before the jurisdictional court within two weeks of his release and if he does not hold a passport, shall file an affidavit to that effect.

iii) The petitioner shall not enter the limits of the Vallikkunnu Police Station, where the defacto complainant is residing, till the final report is filed.

iv) Petitioner shall appear before the investigating officer as and when required.

v) Petitioner shall not intimidate or attempt to influence the victim or the witnesses in any manner.

vi) Petitioner shall not get involved in any offence of similar nature while on bail.

vii) If the petitioner violates any of the above conditions, the

2024:KER:23799

BA No.2425 of 2024 prosecution will be at liberty to approach this Court for cancellation of bail.