This application is filed under § 439 of the Cr.P.C.

2. The applicant herein is the accused in Crime

No.337 of 2018 of the Kattur Police Station registered

under §§ 376(2)(f), 376(2)(k) and 376(2)(m) of the IPC.

3. The above crime has been registered based on a

statement lodged by a 28 year old lady, who claims that the

applicant herein is her step-father. In her statement, she

alleges that she is a divorcee and the mother of a child. In

the year 2013, her mother married the applicant herein and

he started living with her mother. He is alleged to have

taken away a sum of Rs. 4 lakhs belonging to her from the

almirah on 26.5.2014. She alleges that late in the night on

10.07.2017, the applicant herein entered her room and

tied her legs to the bed post and committed rape on her. It

is further alleged that the applicant applied some

substance on her private parts and caused burn injuries. It

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is further alleged that on 16.07.2017, the applicant

threatened her with dare consequences if she were to

disclose the incident to any person. Based on the above

allegations, the subject crime was registered and the

applicant was taken into custody on 27.7.2018.

4. The learned counsel appearing for the applicant

submitted that the allegations are without basis. It is

contended that the applicant herein had advanced a total

sum of Rs.6,25,000/- to the de facto complainant and her

mother on their assurance that it would be repaid without

delay. When they reneged from their assurance, the

applicant herein approached them and sought for

repayment. The applicant was abused and he was called by

his caste name. On 19.7.2018, the applicant filed a

complaint before the District Police Chief, the receipt of

which is acknowledged. According to the learned counsel,

when the de facto complainant and her mother was

summoned by the police, on 26.07.2018, a complaint was

lodged levelling allegations of sexual abuse. It is further

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submitted that the applicant herein has been in custody

from 27.07.2018 and prays that he be released on bail.

5.

Heard the learned Public Prosecutor, who has

opposed the prayer. It is submitted that the allegations are

grave.

6.

I have considered the submissions advanced and

have gone through the case diary. It is the case of the

victim that she was raped and injuries were caused on

10.07.2018. However the victim approaches the police only

on 26.7.2018. In the meantime, the applicant had lodged a

complaint before the District Police Chief on 19.07.2018 as

is evidenced by Annexure-I. There are no contemporaneous

records to show that the victim had secured medical

treatment on 10.7.2018. Furthermore, the applicant has

been in custody from 27.7.2018 and investigation appears

to have made considerable headway. Having gone through

the entire aspects, I am of the view that the applicant has

made out a case for his release on bail.

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7.

In the result, this application will stand allowed.

The applicant shall be released on bail on his executing a

bond for Rs.50,000/-(Rupees Fifty thousand only) with two

solvent sureties each for the like sum to the satisfaction of

the court having jurisdiction. The above order shall be

subject to the following conditions:

1). The applicant shall appear before the

Investigating Officer on all Saturdays between

10 a.m. and 11.00 a.m., for 2 months or till

final report is filed, whichever is earlier.

2). He shall not intimidate or attempt to

influence the witnesses; nor shall he tamper

with the evidence. He shall not make any

attempt to contact the victim or her family

members.

3). He shall not commit any offence while on

bail.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the

application for cancellation, if any, and pass appropriate

orders in accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE

DSV/28/9/18

//True Copy//