LAWS(KER)-2018-9-134

RATHEESH K Vs. STATE OF KERALA

Decided On September 17, 2018
Ratheesh K Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C by the petitioner who is the sole accused involved in crime No.348 of 2018 of Chandera Police Station, Kasargod District. The aforesaid crime was registered for the offences punishable under Sections 376 (2) (n) and 417 of Indian Penal Code.

(2.) The allegation against the petitioner was that, on the promise to marry the defacto complainant, who was residing at Madakkal from 2008 onwards, he had sexual intercourse with her, against her will and without her consent, and thereby committed the offences. The petitioner was arrested on 30.08.2018 and is now in judicial custody. In the aforesaid circumstances, this application seeking regular bail is moved.

(3.) Sri. Karthik Bhavadasan, the learned counsel for the petitioner has contended that, the offences alleged will not be attracted on the basis of the allegations levelled in the FIS by the defacto complainant. According to him, the accused having been in custody for the last 18 days, there is every justification for enlarging him on bail.