SUDEV A. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is one of the accused in Crime No.45 of 2020 of Thenhippalam Police Station. The above case is registered against the petitioner alleging offence punishable under Section 376 of the IPC.

(3.) The prosecution case is that the defacto complainant and accused were in love during their college days. Thereafter, the defacto complainant married another man. Even after the marriage, the relationship between the petitioner and the defacto complainant continued. On 5.10.2018, they arranged a journey to University Campus, Kozhikode to get certain certificates from the University. The defacto complainant was picked up from Angadippuram by the petitioner and they travelled together in a car. On the way, they went to Leemoshe Hotel, at Spinning mill, Idimuzhikkal and spent time there between 11.30 to 15.30 hours. They hired a room in that hotel and from there there was sexual intercourse between the petitioner and the defacto complainant. This happened in 2018. Thereafter, in the year 2020, the defacto complainant filed the present case.