Sajith N. v. State of Kerala
In the High Court of Kerala
B.A. 103/2015
Before Justice B. Kemal Pasha
Decided on February 18, 2015

Relevancy of the case: Anticipatory bail in a case involving allegations under Sections 376 & 506(i) of the Indian Penal Code, 1860 along with Section 66E of the Information Technology Act, 2000.

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376, 506(i))
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• Petitioner is the accused of the offences punishable under Sections 376 and 506(i) of the Indian Penal Code, 1860 and Section 66(E) of the Information Technology Act, 2000.
• On 12.03.2014 at 1 PM, the petitioner went to the defacto complainant’s house, gained entry, bolted the house from inside and committed rape. This incident took place while the complainant’s children were not at home. It is alleged that the petitioner also took nude photos of the complainant. By intimidating her, the petitioner had subjected the complainant to sexual intercourse on another occasion as well.

 Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the complainant was involved in several such incidents wherein she had trapped multiple individuals through allegations of rape. But later on, she got the cases settled through mediation at the instance of a police officer who was hand in gloves with her. The complainant had fled abroad as she was about to be nabbed in a similar case where a person had committed suicide as he was trapped in one such case.

Opinion of the Bench

• The investigation of this case is practically over, and custodial investigation of the petitioner is not required. At most, the petitioner may be sent for a potency test. This is a fit case wherein anticipatory bail can be granted to the petitioner on conditions.

Final Decision

• The application for anticipatory bail is allowed, and a bond for ₹1,00,000 must be executed by the investigating officer. Violation of any conditions stipulated by the court might result in cancellation of bail.