Harris Azeez v. State of Kerala
In the High Court of Kerala
Crl. App. 1386/2023
Before Justice P.G. Ajithkumar
Decided on October 30, 2023

Relevancy of the case: Bail application in a case involving allegations of rape and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 66)
• The Indian Penal Code, 1860 (Section 450, 376(1), 506)
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3(2)(v), 3(2)(va))

Relevant Facts of the Case

• The appellant allegedly raped the de facto complainant, who was a cook at a hostel, on July 29, 2023.
• The appellant threatened to publicise the complainant’s nude photographs.
• The police filed an FIR against the applicant for the abovementioned provisions. The appellant was in judicial custody for 76 days.

Prominent Arguments by the Advocates

• The appellant’s counsel argued that the appellant has been in judicial custody for 76 days, and the investigation is nearly complete. There is no justification for continued detention. The appellant will follow all the conditions imposed by the court.
• The public prosecutor stated that the investigation was practically complete and that the final report would be submitted soon.

Opinion of the Bench

• The offence is grave, involving rape and threats of dire consequences affecting the de facto complainant’s physical life.
• The investigation is nearly complete, and continued detention solely for investigation purposes is unnecessary.
• There is sufficient prima facie evidence against the appellant. However, the court can grant him bail with stringent conditions to protect the investigation. This will also ensure the safety of the de facto complainant.

Final Decision

• The court granted bail with stringent conditions.