TIJO VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This application seeking pre-arrest bail is preferred by the petitioner, who is arrayed as accused in Crime No.974 of 2020 of the Pala Police Station. In the aforesaid crime, he is accused of having committed offence punishable under Section 376(2)(n) and 506 of the Indian Penal Code.

(2.) This application is taken up and heard through Videoconferencing.

(3.) The informant is aged about 37 years and the mother of a girl child. In her complaint, she alleges that she got married to one Sreenath in the year 2007. After marriage, the spouses fell apart and they started residing separately. While so, she met the petitioner herein in the month of May 2017. During this period, she was residing in a rented house at Pala. The petitioner used to call her often and he also used to bring food and other items for her. She alleges that on a day in the month of November 2017, the petitioner came to her residence, while her daughter was not at home and caught her. When she cried, the petitioner is alleged to have threatened her. She alleges that the petitioner committed rape on her. She, however, did not disclose the incident to any person. She later realized that she had become pregnant. When this fact was mentioned to the petitioner he is alleged to have assured her that he would marry the lady as and when she gets a divorce from her husband. On 29.07.2018, she gave birth to a boy and in the hospital records, her husband Sreenath was mentioned as the father of the child. Later when the petitioner stopped contacting the lady, she approached the Police and set the law in motion.