Anticipatory Bail on the basis of love affair

CITATION: Amal Sha v. State of Kerala, Bail Application No. 652 of 2020
DECIDED ON: 24th Day Of August, 2020
BENCH HIGH COURT OF KERALA: Justice P.V. Kunhikrishnan

ISSUE DISCUSSED: Whether or not anticipatory bail should be granted to the rape accused on the ground that there was love affair between the accused and the victim?

The accused and the victim are in love with each other and the present case has popped out of a misunderstanding with the father in law of the victim. The father-in-law of the victim is the defacto complainant in the case. But he has filed an affidavit in this Court mentioning that the marriage of the applicant and victim has been fixed. Even the victim has forwarded an affidavit mentioning that he has no objections in the quashing of present proceedings. The counsel stated that he is in the process of getting the proceedings quashed and he further stated that, since the quash proceedings are under process, it would be an act of grave injustice if the applicant is arrested. Therefore, the counsel for the accused-applicant pleaded for anticipatory bail.

Court while deciding the case held that it is clear from the affidavits of complainant and victim that there is a love affair between accused-applicant and the victim and they will be solemnizing their marriage soon and therefore, anticipatory bail is granted to the accused-applicant. The Court relied on the judgment of P. Chidambaram v. Directorate of Enforcement [(2019) 9 SCC 66] which states that, “bail is the rule and jail is the exception”.

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