NEKKOTHKANDY MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the accused in Crime No.162/05 of Irikkur Police Station for an offence punishable under section 376 IPC, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) The defacto complainant is a 30 year old married woman. Her husband had deserted her. The petitioner had developed a sexual intimacy with her since 2000. Two children were also born in that relationship. Later the petitioner resiled from his promise to marry her. Thereupon she lodged the complaint alleging that the accused committed the offence under section 376.