Kerala High Court: Shircy V. J., dismissed a bail application wherein a man committed rape with a woman and misappropriated her money after putting her under threat.

An application for pre-arrest bail was filed, wherein the petitioner was accused of offences punishable under Sections 376, 406, 323 and 506(i) of the Penal Code, 1860.

Prosecution alleged that a petitioner who was the neighbour of the de facto complainant and friend of the husband of de facto complainant had trespassed into her residential house and committed rape on her and thereafter he threatened her not to divulge the same and committed the very same offence on certain days and he had also taken her ATM card and withdrawn money from her account sent by her husband who was working abroad and misappropriated the same.

By putting her under threat, he misappropriated an amount of Rs 15 lakhs.

Analysis, Law and Decision

High Court noted that the petitioner who is a neighbour and a friend of the husband of the defacto complainant exploited the situation and misappropriated her money and also subjected to rape after putting her under threat.

Bench stated that the investigating agency has to go deep into the allegations levelled against the petitioner. Hence, if the pre-arrest bail was granted, it would definitely affect the investigation of the case adversely and he would also get a chance to abscond and influence the witness of the prosecution.

Therefore, pre-arrest was declined. [Sujeesh v. State of Kerala, 2021 SCC OnLine Ker 9605, decided on 1-3-2021]

Advocates before the Court:

For the Petitioner: Sri Rajan Varghese K., Advocate

For the Respondent: By Public Prosecutor

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