The petitioner is the accused in Crime No.655/2014 of Medical College Police Station, Thiruvananthapuram District. The offence alleged is under section 376 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that the accused had sexual intercourse with her against her will and without her consent. It is also stated that she was married by the accused and stayed together for nearly six months and a child was born to her in that wedlock.
3. The learned counsel for the petitioner submits that earlier also complaint was filed and later she stated before the Police that she has no grievance. She again filed a complaint before Judicial First Class Magistrate-V, Thiruvananthapuram, under the provisions of PWDV Act. Though initially a 'residence order' was passed, subsequently, after hearing, that order was vacated by the learned Magistrate. It was thereafter, this complaint was filed. Even, going by the allegation made by the complainant, she is the wife of the accused and if so, how would the offence under section 376 of IPC be attracted, the learned counsel for the petitioner submits. The learned counsel further submits that the petitioner is a Government employee and that considering the peculiar facts and circumstances of this case, the petitioner is entitled to be granted anticipatory bail.
4. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate.
When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:
a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The petitioner shall not leave India without the prior permission of the learned Magistrate.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj