RAJESH O.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioner is the accused in Crime No.1111 of 2021 of Ernakulam Town North Police Station, alleging commission of offences under Sec. 376(2)(n) and Sec. 417 of the Indian Penal Code. The allegation against the petitioner is that the petitioner made a false promise of marriage to the victim, who is the defacto complainant and started living with her at an apartment at Ashoka Road, Kaloor. It is alleged that the petitioner had sexual intercourse with the victim and that he had cheated the victim. It is also alleged that the victim had become pregnant from the petitioner.

(3.) The learned counsel for the petitioner would submit that the petitioner is innocent and that the allegations against him are incorrect. It is submitted that the petitioner and the victim/defacto complainant were living together and this by itself is not a crime. It is submitted that the allegations were leveled against him by the victim/defacto complainant on account of some misunderstanding. Reference is made to the First Information Statement given by the victim to show that admittedly, the victim and the petitioner were living together from December 2020 and that the the First Information Statement was given only on 20/8/2021. The learned counsel for the petitioner also submitted that the investigation in the matter is complete and that his continued detention is not required in connection with the investigation in the case.