The Kerala High Court has recently granted anticipatory bail to a rape accused on finding that the woman received ₹5,000 from the accused person after the alleged rape incident.
Justice Kauser Edappagath took note of the WhatsApp chat that showed the sexual intercourse was consensual in nature and the payment of ₹5,000 was made to her.
The High Court considered a pre-arrest bail application filed by the accused person charged with offenses punishable under Sections 376 D (gang rape) of the IPC and provisions of the Information Technology Act.
As per the prosecution, the accused person along with another man brought the victim to a hotel at Thiruvalla, immobilized her after giving liquor, and engaged in sexual intercourse by taking her sexually explicit video, and transmitted the same on the electronic media.
The counsel for the accused person submitted, that no materials were on record to connect the applicant with the alleged crime and he is entitled to get bail.
However, the prosecution opposed the bail stating that the alleged incident occurred as a part of the intentional criminal acts of the accused person, and if he is released on bail at this stage, it will affect the investigation.
The High Court after going through the First Information Statement and screenshots of WhatsApp found that the woman voluntarily went to the hotel knowing very well that the person and the other accused were present in the hotel.
Furthermore, the High Court stated that the WhatsApp chat showed that the sex they had at the hotel was consensual in nature.
It noted that there was payment of ₹5,000 to the woman after the incident.
The Court stated, “Annexure -4 receipt for payment of ₹5,000 coupled with her WhatsApp chat would show that the applicant paid ₹5,000 to the victim after the alleged incident of rape.”
The Court noted, there was a delay of 12 days in lodging an FIR and there is no need for custodial interrogation.
For the said reasons, the High Court stated that it is a fit case where pre-arrest bail can be granted to the accused person.
Therefore, the High Court granted pr-arrest bail to the accused person subject to several conditions including executing a bond of Rs.1 lakhs and to cooperate for investigation.
