ELDHOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No. 1569/2014 of the Central Police Station, Ernakulam. Apprehending arrest, he preferred this application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

(2.) The prosecution allegation is that while the de facto complainant and the petitioner were working as Accountant and Office Manager respectively in Optovision Optics at Penta Menaka building complex, Manaka Junction, Ernakulam, the petitioner under the pretext of loving her made proposal to marry her for which she was not amenable. It is the further allegation that on 28/4/2014, the petitioner committed rape on the de facto complainant at the cabin of the owner of the said firm and thereafter on 28/5/2014 the petitioner/accused agreed to marry her and towards the said assurance, the petitioner and his brother gave a signed letter in writing and thereafter engagement was conducted on 29/6/2014 at the house of the petitioner/accused and a party was also conducted in M.S.L.P. School, Poonjapara and decided to solemnize the marriage on 14/7/2014 at St. John's Chapel, Nayathodeu. It is the further case of the de facto complainant that, however, subsequently the petitioner/accused withdrawn from the marriage proposal under the pretext that the father of the petitioner is not agreeable for such relationship and the petitioner's father was admitted in the hospital. Thus, according to the pro2ution, the petitioner has committed offence punishable under Sections 376 & 506(ii) of IPC.

(3.) Heard the learned senior counsel for the petitioner Sri. C.C. Thomas as well as the learned Public Prosecutor appearing for the respondent.