Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.318 of 2015 of Kottiyam Police Station, Kollam District. He is the accused of having committed the offence under Section 376 of the Indian Penal Code and Sections 3(1) (xi) and 392) (v) of SC/ST Prevention of Atrocities Act.
3. The prosecution case is that he made a false promise to the victim, who belongs to a scheduled caste that he would marry her and took her to a temple and garlanded her and made her believe that the marriage was solemnized between them. Thereafter, he had sexual intercourse with her. Later, he failed to contact her either directly or directly. He made himself scarce.
4. Heard.
5. The learned counsel submits that the allegations are false. But the statement of the victim girl shows that she was in love with the petitioner for many years. He B.A. No.4159 of 2015 2 went abroad. Just before the occurrence he came back and took her to a temple where he garlanded her and made her believe that the marriage between them was solemnised. He belongs to Muslim community and she is a member of a Hindu scheduled caste. No marriage could have been solemnised between them. The fact that the sexual intercourse took place at a building, which was only under construction also speaks volumes. The intention of the petitioner was to cheat her is evident. This is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
sd/-
K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge