Petition filed under Section 438 of Cr.P.C. 2. Petitioner is the sole accused in Crime No.4753 of 2014 of the Perumbavoor Police station registered for the offences under Secs.406 and 420 of the Indian Penal Code. The allegation is that he made a false promise that he would marry the defacto complainant and had sexual intercourse with her and has thus committed the offence mentioned above.
3. Heard.
4. The defacto complainant is a widow. She has a child. The petitioner is an officer in the Excise department. The petitioner is aged 50 years. He is a married man having children. The First Information Statement shows that the petitioner and the defacto complainant lived together for a considerable period and she became pregnant several times which resulted in abortion. Prima facie it is unbelievable that the defacto complainant believed that the petitioner would marry her. Moreover, it is very doubtful whether the facts of the case attract the offences alleged against the petitioner. So I am inclined to grant the prayer of the petitioner In the result this application is allowed.
(i) The petitioner shall be released on bail after interrogation on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
(ii) The petitioner shall appear before the investigating officer on every 1st and 3rd Saturdays for three months or till the final report is filed.
(iii) The petitioner shall not contact or communicate with the victim nor shall he intimidate or influence the witnesses.
(iv) If the petitioner violates any of the above conditions, the Court of enquiry/trial is empowered to cancel the bail in accordance with the law.
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K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge