Crux and Ratio Decidendi

1. Delay in Complaint: The complainant lodged the FIR eight years after the alleged incident (2016) and four years after her public allegations (2018), which raised doubts about the immediacy and urgency of the claims.
2. Alternative Grievance Redressal Mechanism: The complainant failed to approach the Justice Hema Committee, established by the Kerala High Court to address similar issues, weakening her case.
3. Bail Conditions and Justice: While granting anticipatory bail, the Court imposed stringent conditions to balance the appellant's rights with the need for investigation.

Acts and Sections Discussed

1. Indian Penal Code (IPC):

   • Section 376: Punishment for rape.
   • Section 506: Punishment for criminal intimidation.

2. Code of Criminal Procedure (Cr.P.C.):

   • Section 438: Direction for grant of bail to a person apprehending arrest (Anticipatory Bail).

Para 1-2: Background and Procedural History

• Case Details: Appeal against the High Court of Kerala’s judgment in Bail Application No. 7331 of 2024.
• FIR Details: FIR No. 1192/2024 registered for offenses under Sections 376 and 506 IPC.

Para 3: Arguments Heard

• Both parties presented their arguments at length, emphasizing the sensitivity and circumstances of the case.

Para 4: Court's Observations

• Delayed Complaint: Allegations pertained to incidents from 2016, with the FIR filed in 2024, and prior Facebook allegations in 2018 against 14 individuals, including the appellant.
• Justice Hema Committee: The complainant’s failure to approach this mechanism highlighted alternative redressal routes that were overlooked.

Para 5: Decision to Grant Anticipatory Bail

• Anticipatory bail granted under Cr.P.C. Section 438, subject to conditions, including the surrender of the appellant's passport and full cooperation with the investigation.

Para 6: Breach of Conditions

• Court clarified that non-compliance with bail conditions could lead to cancellation of bail.

Para 7-8: Final Order and Disposal of Pending Applications

• Appeal allowed, with pending applications disposed of.

Subjects:

Criminal Law, Anticipatory Bail, Sexual Offenses
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