SARATH Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is the accused in Crime No.2290 of 2021 of Pala Police Station, Kottayam District, alleging commission of offences under Ss. 376(1), 376(2)(n), 354C, 354D of the Indian Penal Code and Sec. 67 of the Information Technology Act, 2000. The allegation against the petitioner is that he got acquainted with the de-facto complainant over a social media platform and thereafter, he entered into a relationship with her on the false pretext of marriage. It is submitted that certain intimate photographs of the de-facto complainant, which were sent to the petitioner were also shared by him with other persons. It is submitted that after subjecting the de-facto complainant to sexual relationship on the false promise of marriage, the petitioner withdrew from the promise of marriage and thereby he committed the offences alleged against him.

(3.) The learned counsel for the petitioner submits that the allegations against the petitioner are totally false. It is submitted that even if the entire contents of the First Information Statement are taken to be true, the petitioner and the de-fcto complainant had entered into a consensual relationship. It is submitted that there could not have been any false promise of marriage as the de-facto complainant was already a married women with a 15 year old son. It is also submitted that by virtue of the provisions contained under Sec. 77B of the Information Technology Act, the offence under Sec. 67 of the said Act is a bailable offence. Finally, it is submitted that the petitioner has already been in custody for more than 41 days and his further detention is not necessary for the purpose of investigation of the case.