MUHAMMED MISHAL MUHAMMED MISHAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail moved by the accused in Crime No.143/2021 of Aluva East Police Station. The allegation is that he had committed rape on the defacto complainant and thus offence punishable under Section 376(2)(n) of the Indian Penal Code is alleged against him. He was arrested on 05.02.2021 and is in custody for the last 67 days.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The learned counsel for the petitioner submitted that the crime was registered under a misconception; it was a love affair between the parties for more than two years and that the prosecutrix is a grown up person, aged 19 years and now she has moved this Court with a notarised affidavit stating that the matter has been settled between the parties and that he has promised to marry her immediately after his release.