LAWS(KER)-2023-11-44

ABY K. SUNNY Vs. STATE OF KERALA

Decided On November 03, 2023
Aby K. Sunny Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner is the accused in Crime No.436/2023 of Thrikkakkara police station, Ernakulam district, which is now pending as C.P. No.20/2023 on the file of the Judicial First Class Magistrate Court, Kakkanad (Temporary), alleging commission of offences punishable under Ss. 376, 376(2)(n), 448, 427, 323 and 506(i) of the Indian Penal Code and Sec. 67(A) of the Information Technology Act.

(2.) Allegation against the petitioner is that, the petitioner, who is well acquainted with the de facto complainant and her family, put forth a business offer to the de facto complainant and invited the de facto complainant to the house of the petitioner and after offering her some cool soft drinks, committed rape on her sometime in 2019 and thereafter, continued the activity by threatening her that certain videos and photographs of the de facto complainant/victim be circulated on social media.

(3.) Learned counsel appearing for the petitioner would submit that this Court while granting bail to the petitioner in Bail Application No.2407/2023, held as follows:-