–Report by Nistha Sahoo
Kerala High Court on Monday approved the bail in the case of Vishnu vs the State of Kerala. Justice Bechu Kurian Thomas delivered a bail order for Vishnu sanctioning conditions in accordance with it. The petitioner was charged with the crime of rape against a minor.
The petitioner contented the entire prosecution’s allegations of rape to be fallacious and the incident to be fictitious.
The learned counsel, Sri Manu Harshakumar lashed out against the allegations by putting forth the disapproval of calling the victim a minor. He also added that the victim herself admitted the fact that her workplace i.e., the spa center encouraged illicit activities.
Defending one’s own client, petitioner counsel submitted that, on the verge of this matter, the accused is being the scapegoat. He solicited that further detention of the petitioner is inequitable.
The respondent contended that the petitioner is alleged to have committed a heinous crime against a minor and
he ought not to be dismissed on bail. The learned Public Prosecutor, Smt. M.K. Pushpalatha claimed that releasing the petitioner on bail would be a prejudice against the legitimate investigation. She exclaimed that there is the probability of intimidation of witnesses and the possibility of the petitioner influencing them as well.
DECISION OF THE COURT
The High Court examined the victim’s statement as well as the medical report. With due regard to the circumstances stated under Section 164 of Cr.P.C., Hon’ble Justice Bechu was satisfied with the contentions raised by the petitioner’s counsel. It was approved that the continued detention of the petitioner was unwarranted. The investigation has reached a final terminal therefore the petitioner is entitled to be released on bail. The court put forth some conditions:
- Petitioner shall be declared on bail provided a bond for Rs50000/-.
- The Petitioner must confront the Investigating Officer on demand.
- The Petitioner ought not to try to intimidate the witnesses; nor shall he tamper with the available evidence or contact the victim or her family members.
- Petitioner must not commit any similar offense while he is on bail.
- Petitioner should not leave India without the permission of the Court having jurisdiction.
The bail application was allowed.