Taking into account that the petitioner has been in custody for 66 days and being convinced that his continued detention is not necessary for the purpose of any investigation, the Court granted bail to the petitioner subject to conditions and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of ABIN VARGHESE vs. STATE OF KERALA (BAIL APPL. NO. 1529 OF 2022) on 15th March, 2022.
Brief facts of the case are that the petitioner is the 4th accused alleging commission of offences under Sections 109, 114, 506(1), 370, 376, 376D & 377 of the Indian Penal Code. The allegation against the petitioner is that the petitioner sexually abused and raped the de facto complainant, who is the wife of the 1st accused in the case.
Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that even according to the First Information Statement of the de facto complainant, the husband of the de facto complainant had invited others including the petitioner to enter into sexual relationship with the de facto complainant. It is further submitted that if at all, the allegations are taken to be true, it can only be a consensual act and does not amount to rape. And the petitioner has been in custody for 66 days and that his continued detention is not necessary for the purpose of any investigation in the matter. Accused Nos. 2, 3 & 5 have already been granted bail by the Sessions Court. He further submitted that the role of the petitioner is not different from that of the accused, who have already been granted bail.
Learned Public Prosecutor vehemently opposes grant of bail. The circumstances appearing in the case are pointed out from the records. It is submitted that the petitioner is accused of very serious offences and he is not entitled to be released on bail, only the 2nd accused has been granted bail.
In the view of the facts and circumstances of the case and taking into account the fact that the petitioner has been in custody for 66 days and being convinced that his continued detention is not necessary for the purpose of any investigation, the Court opined that the petitioner can be granted bail, subject to conditions – 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 and The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness and he will have to before the investigating officer.
Judgment reviewed by – Amit Singh