Petition filed under Section 438 Cr.P.C.
Petitioner is the sole accused in Crime No. 766/2014 of Adoor Police Station which has been registered for the offence under Section 376 I.P.C.
2. The allegation against the petitioner is that without any intention to marry the de facto-complainant, the petitioner promised to marry her and had sexual intercourse with her and now he refuses to marry her.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. It is submitted by the learned counsel for the petitioner that the petitioner refuses to marry the de facto-complainant because he came to know about her elopement with two persons who are named in the Statement of Facts filed by him. The learned Public Prosecutor submits that on the first occasion, the sexual intercourse was without consent and it amounted to rape. I have perused the case diary. The facts of the case compel me to believe that even on the first occasion, there was consent on the part of the de facto-complainant.
Having regard to the facts of the case, I am inclined to grant the prayer of the petitioner.
In the result, this application is allowed.
1. The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2. He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.
3. He shall not destroy or tamper with evidence.
4. He shall not harass the defacto-complainant or her relatives.
5. This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
SD/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE