As prima facie evidence established consensual relationship, bail was granted to a doctor who was accused of rape : Kerala High Court

The High Court of Kerala, through learned judge, Justice C Jayachandran in the case Dr. Sree Hari N. v. State of Kerala (BAIL APPL. NO. 3329 OF 2022) granted bail to a doctor who was accused of raping another doctor, as prima facie evidence established that it was a consensual relationship

BRIEF FACTS OF THE CASE: The petitioner, Dr.  Sree hari N was accused of raping another doctor under the false pretext of promise of marriage. The complainant alleged that the occasion of rape was committed by the petitioner at several occasions since February, 2020.  A case was registered by the complainant against the petitioner at Ernakulam Town North Police Station under Section 376(2)(n) of Indian Penal Code. The petitioner who was in judicial custody for 28 days was later arrested and remanded to custody. The petitioner approached the High Court for grant of bail. 

JUDGEMENT: The court remarked on the nature of relationship between the petitioner and the complainant. Both the petitioner and the de facto complaint suffered from broken marriage and their divorce proceedings were either completed, or nearing completion. The court observed that the defacto complainant was allegedly raped on different occasions at various places, from which it could reasonably be deciphered at there was consent, prima facie. The court held that the purpose of interrogation was served adequately since the petitioner had been in custody for 28 days. The court granted bail to the petitioner by holding that no useful purpose was going to be served by incarcerating the petitioner any further.


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