KOCHI: The Kerala High Court on Wednesday granted anticipatory bail to Malayalam rapper Hirandas Murali, popularly known as 'Vedan', in a rape case registered against him on the basis of a complaint filed by a young doctor.
Justice Bechu Kurian Thomas observed that "labelling physical intimacy as rape merely because the relationship has ceased to exist is illogical."
"The breakup of a relationship between consenting couples leading to criminal proceedings and consequential arrest will destroy the future of an individual. This proposition has significance, especially when there are prima facie materials to assume that the relationship was consensual in nature and was between persons who could comprehend the nature of the act and its consequences," the court said.
The court emphasised that the answer depends on the circumstances of each case.
If a person had absolutely no intention of marriage but engaged in a physical relationship with a woman after procuring her consent solely on the basis of a false promise of marriage, then the principle of consent obtained by deception would apply, the court said.
Consent for sexual intercourse based on a false promise of marriage and consent given under the expectation or assumption of marriage are two different things. Normally, consent is regarded as a choice made after evaluating various aspects, alternatives available, and the possible consequences of the act, the court added.
Section 375 of the IPC requires that consent be given after understanding the various consequences of the proposed act and before making a reasoned decision.
Justice Thomas said that although the allegations against rapper Vedan are serious, his custodial interrogation is not required.
The court directed the rapper to appear before the investigating officer between 10 am and 5 pm on September 9, and again at the same time on the following day. This period shall be considered as limited custody for interrogation.
The court observed that the fact that a new crime has been registered against the rapper by another woman, or that another case may also be registered, is not a matter for consideration in this case.
According to the prosecution, the victim submitted a written complaint to the Kochi City Police Commissioner on July 30, and the FIR was registered the following day.
The police conducted searches in Kozhikode and Kochi, where the alleged offences were committed, and issued a look-out notice against the rapper.
The prosecutor also pointed out that although the victim’s counsel alleged the police had not recorded the statements of doctors regarding the victim’s psychological issues, no such issues were mentioned by the victim in the First Information Statement. Furthermore, the mobile phones of both the petitioner and the complainant have been seized by the police, and the investigation is in progress.