Kerala High Court Grants Anticipatory Bail To 18-Yr-Old In Consensual Sexual Relationship With 17-Yr-Old

Justice Kauser Edappagath, while allowing the anticipatory bail application observed thus:

“The reading of FIS would show that, the applicant who was aged 18 years and the victim who was aged 17 years, got acquainted through Instagram two years back and they were in romantic relationship. The FIS would further show that, on 09.04.2023, the victim voluntary went along with the applicant to his friend’s house. On 15.07.2023 also, the victim voluntarily went to the house of the applicant. An over all reading of the FIS shows that the alleged sexual act was consensual in nature.”

The Court made the above observations in an anticipatory bail application filed by the 18 year old applicant. The allegation was that the applicant kidnapped the 17 year old victim, wrongfully restrained her and raped her at the residence of his friend, and thereafter he committed rape on her at his residence.

The applicant was allegedly accused for committing offences under Section 342 (punishment for wrongful confinement), 354 (assault or criminal force to woman with intent to outrage her modesty), 363 (punishment for kidnapping) and 376(2)(n) (punishment for committing rape repeatedly on the same woman) of the Indian Penal Code and Sections 5(l) (aggravated penetrative sexual assault), 6 (punishment for aggravated penetrative sexual assault), 7 (sexual assault) and 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences Act.

The counsel for the applicant, Advocate Nireesh Mathew argued that applicant was innocent and falsely implicated. It was also submitted that he did not have any previous criminal antecedents.

Public Prosecutor, Sangeetha Raj submitted that bail must not be granted at this stage of the investigation, and that the applicant committed an intentional criminal act.

The Court observed that the First Information Statement (FIS) would reveal that the applicant and victim were in a romantic relationship and that she went voluntarily. The Court also found that the alleged sexual act was consensual in nature. It found that the victim has also admitted that she had consensual sexual intercourse with the applicant.

On the above mentioned findings, Court allowed the anticipatory bail application of the applicant.

Case title: Maheen Ali V State of Kerala

Citation: 2023 LiveLaw (Ker) 446