C.S.AJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C. This application is filed by the sole accused involved in Crime No.1113 of 2018 of the Ernakulam Town North Police Station, Ernakulam. The offences alleged are those punishable under Sections 376(2)(n), 450, 506(i) IPC and Section 66E of the Information Technology Act (for short the 'IT Act').

(2.) The allegation of the prosecution was that the de facto complainant was raped by the petitioner, promising to marry her. He had also taken nude pictures of the de facto complainant sent those to her husband and other family members. On the basis of the FI statement lodged by the de facto complainant, the Crime in question was registered. The petitioner was taken into custody on 13.7.2018. In the aforesaid circumstances, he has moved this application seeking regular bail.

(3.) Sri.Sibi Thomas Jacob, the learned counsel for the petitioner has submitted that the de facto complainant is a married lady and major. The petitioner was also a married man and has a child aged 3 years at the time when the offence alleged was originally committed. According to the learned counsel at that time the wife of the petitioner who was also working in the hospital was on leave due to second pregnancy. According to him the petitioner was in custody from 13.7.2018 and investigation has progressed much. Therefore, there is no meaning in detaining him any further in custody. Accordingly, he pleaded for enlarging the petitioner on bail.