Petitioner is the accused in Crime No.707/2014 of Kilikolloor Police Station, Kollam District. The offence alleged against him is punishable under Sec.376 of IPC. 2. Petitioner has been in custody since 12.5.2014.
3. The victim is the mother of two children. It is stated that her husband was murdered by one person, who was stated to be having illicit connection with the complainant, the learned counsel for the petitioner submits.
4. According to the prosecution, the petitioner made the complainant to believe that he will marry her and by getting consent by such inducement, he had sexual intercourse with her and subsequently he resiled from his promise.
5. Learned counsel for the petitioner submits that in fact the petitioner and the complainant were living together as husband and wife for many years after the death of the complainant's husband. Though the marriage was not registered, the petitioner was continuing the relationship. It is further submitted that he will actually marry her. Petitioner has filed affidavit to that effect, which is recorded.
6. Considering all the aspects, the petitioner is granted bail with effect from 6.6.2014 subject to the following conditions:
a. The accused shall execute a bond for ₹50,000/-
(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//True Copy// P.A. To Judge Jvt