Kerala High Court: P.V. Kunhikrishnan, J., allowed the anticipatory bail application of the applicant-accused in connection with the FIR registered for offence punishable under Section 376 read with Section 34 of the Penal Code, 1860.
The factual matrix of the case is such that it has been alleged that the applicant has committed rape on the victim in room No. 8 of Kripa Annex, Ernakulam North with the help of the co-accused.
Counsel for the applicant, Latheesh Sebastian has vehemently denied these allegations levelled against the applicant by submitting that the accused and the victim are in love and that the case has resulted out of a misunderstanding with the father in law of the victim. The father-in-law of the victim who happens to be the de-facto complainant has filed an affidavit in this Court stating that the marriage of the applicant and victim has been fixed. The victim has also forwarded an affidavit stating that she has no objections if the present proceedings are quashed. The counsel stated that he is in the process of getting the proceedings quashed. With the quash proceedings at the brink, it would be an act of grave injustice if the applicant is arrested.
Counsel for the state while opposing the bail called for the imposition of stringent conditions in a situation where the bail is granted. It’s been stated that the case is made out of the statement given by the victim.
The Court drew an inference from the principle enunciated in the case of P. Chidambaram v. Directorate of Enforcement, (2019) 9 SCC 66 that “bail is the rule and jail is the exception”.
The Court upon perusal of the facts, circumstances and arguments advanced observed that there is a love affair between the victim and the applicant based on the affidavits by the de-facto complainant and the victim. Even though marriage will not wipe off the offence but the fact has to be considered that the victim and accused are on their way of solemnizing a wedding in the near future.
In view of the above, the present application has been allowed, granting anticipatory bail to the applicant.[Amal Sha v. State of Kerala, 2020 SCC OnLine Ker 3495, decided on 24-08-2020]