Case Title: Umesh vs State of Kerala

A single bench of Justice Kauser Edappagath of Kerala High Court granted anticipatory bail to a man who is accused of rape charges after finding that the woman had received Rs 5,000 from the accused person after the alleged incident of rape.

The anticipatory bail application was filed by the accused person after the (FIR)First Information Report was registered against him for the offence punishable under section 376 D if Indian Penal Code.

According to the complaint, the accused person and another man brought the victim to the hotel, gave her liquor, immobilized her and raped her by taking sexually explicit video of her and transmitted the said video on media.

The counsel appearing for the accused man submitted that there were no materials found on record which conveys that the accused made an alleged crime, therefore he is entitled to get anti-bail.  

Justice took a note of WhatsApp chat which showed that the sexual intercourse happened between the accused and the victim was consensual as the payment of Rs 5000 was also made to her after the alleged incident.

The bench found that the woman voluntarily went to the hotel, after going through the First Information Statement.

“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”.

It is also noted by the court that there was a delay of Rs 12 days in lodging the FIR.

After considering the facts, the court granted anticipatory bail to the accused man.