NIBIN KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in a crime alleging commission of non-bailable offences, petitioners have approached this Court under sec. 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail.

(2.) First petitioner is the son of petitioners two and three while the fourth petitioner is their daughter. They are accused Nos.1, 4, 2 and 3 respectively in Crime No.258 of 2022 of Kottayam West Police Station. The offences alleged against the petitioners are under Sec. 376, 376(2)(n), and sec. 312 read with sec. 34 of the Indian Penal Code, 1860.

(3.) The prosecution alleges that the first petitioner was in love with the 22 year old victim from 2019 onwards and, under the promise of marriage, he committed sexual assault on 11/12/2020 and again on 18/12/2020 and for three days from 15/9/2021. He also had sexual relationship allegedly with the victim at various places including at an apartment in Ernakulam and that from 20/12/2021 till 27/12/2021, he induced the victim to indulge in sexual relationship after taking her to Kulu-Manali and Delhi and on the way back repeated the sexual acts at Ernakulam thereby resulting in the victim becoming pregnant. According to the prosecution, under threats of suicide, the first petitioner forced the victim to undergo abortion while petitioners 2 to 4 abetted the offence by falsely promising to perform the marriage of the victim with the first petitioner if the abortion is carried out. Thereafter the first petitioner compelled the victim to consume certain drugs which induced termination of pregnancy, thereby the accused together committed the offences alleged against them.