VIJAY BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in a non-bailable offence, a cine artist cum producer has approached this Court seeking pre-arrest bail under sec. 438 of the Code of Criminal Procedure, 1973, (for short the Cr.P.C). Petitioner alleges that the ingredients of the offences are not made out and hence his liberty ought not to be curtailed, unless and until he is found guilty in accordance with the procedure established by law.

(2.) On 22/4/2022, on the basis of information received from an actress alleging several instances of rape committed on her by the petitioner, Crime No.515 of 2022 of Ernakulam Town South Police Station was registered. A statement was also given by the victim under Sec. 164 Cr.P.C on 23/4/2022. The petitioner is alleged to have committed rape on the victim with the promise of marriage, twice during her menstrual periods and on other occasions, after causing physical injuries and without her consent. The prosecution further alleges that, on coming to know about the registration of the crime, petitioner went abroad in an attempt to flee from the hands of law and sitting in the comfort of another country, instituted this bail application under sec. 438 of Cr.P.C.

(3.) Petitioner, on the other hand, denies the allegation of rape as wholly false and pleaded that the accusation is only a machination of the victim who was upset on getting information that another actress was decided to be cast as a heroine, by the Director of that movie, in a new movie project proposed to be produced by the petitioner. The survivor even expressed her ire at the new heroine in front of many people, on 18/4/2022. It was also pleaded that evidence of the nature of relationship between the petitioner and the survivor is available in plenty, on the mobile phones through WhatsApp messages and Instagram chats and other documents. It is alleged that, by quirky conduct, a consensual relationship is projected as rape.