Kerala HC Grants Anticipatory Bail In Rape Case After Finding That Accused Paid ₹ Five Thousand To Victim After Alleged Incident

The Kerala High Court has granted pre-arrest bail to the Applicant-Accused in a rape case after he paid 5,000 rupees to the victim after the alleged incident of rape. The Court, after examining the WhatsApp conversations and additional evidence, held that there is a possibility that the sexual encounter might have been consensual.

Justice Kauser Edappagath noted, “I went through the FIS as well as Annexure-3 WhatsApp screenshot between the applicant and the victim. WhatsApp screenshot would show that the victim voluntarily went to the hotel knowing very well that the applicant and the accused No.1 were there in the hotel. The WhatsApp chat would further show that the sex they had at the hotel was consensual in nature. Annexure -4 receipt for payment of Rs.5,000/- coupled with her WhatsApp chat would show that the applicant paid Rs.5,000/- to the victim after the alleged incident of rape. Moreover, there is a delay of 12 days in lodging the FIR. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant”. 

Advocate Sasthamangalam S. Ajithkumar appeared for the Applicant and Public Prosecutor Sangeetha Raj N.R. appeared for the Respondent. 

A Bail Application was filed under Section 438 of the Code of Criminal Procedure (CrPC), seeking pre-arrest bail. The Applicant, identified as accused No.2 was charged under Sections 376 D of the Indian Penal Code (IPC) and 67 A of the Information Technology Act (IT Act). The Respondent alleged that the Applicant and accused No.1 brought the victim to a Thiruvalla hotel, drugged her with alcohol, engaged in sexual intercourse, recorded sexually explicit material, and disseminated it electronically.

The Court examined the WhatsApp screenshots and observed that the victim willingly visited the hotel with the full knowledge of the presence of the applicant and accused No.1. The Court asserted that the Applicant made a payment to the victim following the incident. The Court held that given these circumstances and the 12-day delay in filing the FIR, there seems to be no immediate need for the Applicant's custodial interrogation. 

Accordingly, the Court allowed the Application and granted bail to the Applicant.

Cause Title: Umesh v State of Kerala

Click here to read/download the Order