Gopinath P., J.:— This is an application for regular bail.
2. Petitioner is the accused in Crime No. 2476/2021 of Vaikom police station, alleging commission of offence under Section 376(ii)(n) of the Penal Code, 1860.
3. Allegation against the petitioner is that he conducted a mock marriage with the de facto complainant and started living with her and committed rape on her in the sense that her consent was obtained on the promise that the petitioner had validly and legally married the de facto complainant. There is a further allegation that the petitioner has misappropriated substantial sums of money belonging to the de facto complainant.
4. Learned counsel appearing for the petitioner submits that the petitioner and the de facto complainant were in a relationship and that the petitioner had started living with the de facto complainant after conducing a marriage at Chottanikkara temple. It is submitted that thereafter, one Vinod started interfering in the life of the petitioner and the de facto complainant. It is submitted that the aforesaid Vinod had some relationship with the de facto complainant and this forced the petitioner to leave the company of the de facto complainant. It is also submitted that, on enquiry, the petitioner came to understand that the aforesaid Vinod is the legally wedded husband of the de facto complainant.
5. Learned Public Prosecutor, on instructions, submits that going by the First Information Statement of the de facto complainant, she is a divorcee and she had started living with the petitioner herein only on the pretext that had married her at Chottanikkara temple. It is submitted that there are no documents to prove that the petitioner had conducted a proper marriage with the de facto complainant and that the same was only a ruse by the petitioner to enter into a relationship with the de facto complainant. It is submitted that when the promise of marriage is false at the inception, the offence of rape as defined under Section 375 of the Penal Code, 1860 is attracted. Learned Public Prosecutor adds that the petitioner is also accused of committing offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, since the de facto complainant is the member of a Scheduled Caste community.
6. Learned counsel appearing for the petitioner submits that the petitioner has been in custody from 07.12.2021 and his further detention is not necessary for the purpose of proper investigation into the matter.
7. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody since 07.12.2021, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:—
(i) The petitioner shall execute bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No. 2476/2021 of Vaikom Police station on every Monday and Saturday at 09.00 am until further orders;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 2476/2021 of Vaikom police station;
(iv) The petitioner shall not enter the local limits of the Vaikom police station where the de facto complainant is residing except for the purpose of complying with condition No. (ii) above;
(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail; (vi) The petitioner shall not involve in any other crime while on bail.
8. If any of the aforesaid conditions are violated, the investigating officer in Crime No. 2476/2021 of Vaikom police station may file an application before the jurisdictional court, for cancellation of bail.
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