XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed under Sec. 482 Cr.P.C., seeking to set aside Annexure A-21 order dtd. 20/2/2023 in CMP No. 4/2023 (an application filed for cancellation of bail granted to the 7th respondent in Crime No. 55/CB/TVM/R/2022) on the file of the Judicial First Class Magistrate, Kattakada; to cancel the Anticipatory Bail granted to the 7th respondent through an order dtd. 5/4/2022 in B.A. No.2407/2022 and to direct that the 7th respondent be arrested and committed to custody under Sec. 439(2) Cr.P.C. For the sake of convenience, the parties are referred to as they are arrayed in the above Crl.M.C.

(2.) The petitioner is the de facto complainant/victim in Crime No.55/2022 of Crime Branch District Unit, Thiruvananthapuram which was originally registered as Crime No.222/2022 of Malayinkeezh Police Station, Thiruvananthapuram. The offences alleged are under Ss. 376, 376(2)(a), 376(2)(i), 376(2)(I) and 376(2)(n) of the Indian Penal Code. The case is now transferred to the Crime Branch as Crime No. 55/CB/TVM/R/2022.

(3.) The allegation against the 7th respondent was that, in the year 2019, while he was working as the Station House Officer, at Malayinkeezh Police Station, he became acquainted with the de facto complainant/victim after she had gone to the Police Station to file a complaint. It is alleged that, on 13/10/2019, the 7th respondent visited the de facto complainant/victim and committed rape on her and after that, continued to engage in sexual relationships with her on several occasions by promising to marry her, after divorcing his wife. This Court, considering the submissions made by the learned counsel appearing for the 7th respondent and the learned Public Prosecutor proceeded to grant anticipatory bail to the 7th respondent upon certain conditions. The order of this Court granting anticipatory bail to the petitioner was challenged before the Supreme Court by filing S.L.P.(Criminal) No.27745/2022. The Supreme Court, by Annexure-A7 order dtd. 14/10/2022 dismissed the Special Leave Petition in limine. It appears that, after this Court granted bail to the 7th respondent, yet another crime was registered against him as Crime Nos.2067/2022 of Nedumangadu Police Station, Thiruvananthapuram alleging the commission of offences under Ss. 323, 342, 354, 376(2)(n), 506 and 34 of the Indian Penal Code. The 7th respondent filed B.A.No.9822/2022 before this Court seeking anticipatory bail in Crime No.2067/2022 of Nedumangadu Police Station, Thiruvananthapuram. This Court, by order dtd. 23/12/2022, rejected the application for bail in so far as the bail application related to the 7th respondent. Shortly after this Court dismissed B.A.No.9822/2022, the 7th respondent along with other accused in Crime No.2067/2022 of Nedumangadu Police Station filed Crl.M.C. 19/2023 before this Court seeking to quash the proceedings in Crime No.2067/2022 of Nedumangadu Police Station on the ground that the entire issues had been settled with the de facto complainant/victim. It is to be noted that B.A.No.9822/2022 arising out of Crime No.2067/022 had been dismissed by this Court in so far as it relates to the 7th respondent on 23/12/2022 and by 2/1/2023, the 7th respondent was before this Court seeking to quash the proceedings on the ground of settlement. By order dtd. 27/3/2023 in Crl.M.C.No.19/2023, this Court quashed the proceedings for reasons stated in that order. Yet another Crime registered against the 7th respondent, his wife and daughter as Crime No.2092/2022 of Nedumangadu Police Station on 3/12/22 alleging the commission of offences under Ss. 323, 354 and 34 of the Indian Penal Code was also quashed by this Court through order at4ed 27/3/2023 in Crl.M.C.No.35/2023.