RAJITH M.K. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.623 of 2016 of the Balussery Police Station, registered under Sections 376 and 506 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate's Court-II, Perambra on 23.11.2016. The petitioner has been in judicial custody since 21.11.2016.

(2.) The victim of offence in this case is a lady aged 31 years having husband and two children. The petitioner herein is a man of the locality, and he developed intimacy with the complainant through face book. The prosecution case is that at about 11pm on 16.04.2016, taking advantage of the connection and intimacy, the petitioner trespassed into her house when she was alone there, and subjected her to sexual intercourse by force, and also threatened that if she revealed things to anybody, her husband and children would be done away with or implicated in false NDPS case by using his influence as an army man. The complaint also shows that the petitioner had taken some photographs, and he transmitted it through WhatsApp to a friend of the complainant's husband. This reached at the hands of the husband immediately. As instructed by her husband, she made a complaint on 06.08.2016. An application for pre-arrest bail filed by the petitioner was disposed of by this Court with a direction to surrender before the Investigating Officer, and he accordingly surrendered on 21.11.2016.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.