Kerala High Court Upholds Pre-Arrest Bail Amidst Allegations of Rape and Theft
The court rules the relationship between petitioner and accused as consensual, dismissing the plea to unsettle the bail order.
In a significant ruling, the Kerala High Court has dismissed a petition challenging the grant of pre-arrest bail to an accused involved in a complex case of alleged rape, coercion to abortion, and theft. The judgment, delivered by Justice G. Girish, focused on the nature of the relationship between the petitioner and the accused, both practicing advocates in Ernakulam, determining it to be consensual from the outset.
The case, rooted in a narrative of promises and betrayal, began in July 2023 when the accused allegedly raped the petitioner under the promise of marriage, leading to a pregnancy that was subsequently aborted. The petitioner claimed theft of personal belongings, including valuable items and crucial documents, from their shared residence, following the accused's alleged involvement with another woman.
The petitioner contested the Additional Sessions Judge's decision to grant pre-arrest bail, arguing it contravened established legal principles. However, Justice Girish noted that the findings were strictly limited to the bail proceedings and not intended to influence the trial's outcome. The court emphasized the consensual nature of the relationship, which included shared living arrangements and marriage registration attempts, undermining the petitioner's argument.
Despite the Public Prosecutor's claim that the accused was not cooperating with the investigation, the prosecution had not sought bail cancellation for this reason. The bail was granted with conditions ensuring investigative cooperation and safeguarding witness integrity, allowing the investigation to proceed unhindered.
Justice Girish's decision underscores the legal system's commitment to distinguishing between consensual relationships and criminal acts in bail proceedings. The judgment clarifies the limited scope of bail-related observations, ensuring they do not prejudice the trial's merits.
Ultimately, the High Court found no merit in the petition, maintaining the bail order and reinforcing the procedural safeguards in place. The ruling highlights the judiciary's nuanced approach to complex interpersonal legal disputes, ensuring justice while respecting individual rights within the scope of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Grant of pre-arrest bail in cases involving allegations of rape, coercion to abortion, and theft - Observations made in the context of pre-arrest bail application are limited to the scope of such proceedings and should not affect the trial.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
XXX XXX v. State of Kerala, (Kerala) : Law Finder Doc Id # 2783926
