ANOOP VIJESH NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) The petitioner is the accused in Crime No.1002/2020 of Nedumbassery Police Station, Ernakulam District. The above case is registered alleging offences punishable under Sections 370 and 376(2)(n)of the Indian Penal Code (IPC). The victim in this case is a lady aged 43 years.

(3.) The prosecution case is that the petitioner and the victim girl became friends during 2016. According to the victim, the petitioner and the victim used to contact over phone regularly. She says that on 26.11.2016, the petitioner reached the house of the defacto complainant. From there , it is alleged that the petitioner had sex with the victim. According to the victim, she gave consent because there was a promise to marry. Subsequently, in December, in the same year, there was sexual intercourse. According to the victim, subsequently also there was regular contact between the petitioner and the victim. Now the victim came to know that the petitioner married another girl. Hence, the complaint is filed alleging offence under Sec.376 IPC.