SAMRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition seeking an order of anticipatory bail is preferred by the sole accused in Crime No.910 of 2017 of Vellarada Police Station, registered under Section 323, 376 and 377 of the IPC.

(2.) It appears that the petitioner had earlier approached this Court with the same prayer and this Court by order dated 4.1.2018 in B.A. No.8408 of 2017, had rejected the same. The learned counsel appearing for the petitioner submitted that the proceedings initiated before the learned Magistrate for and on behalf of the de facto complainant under the provisions of the Protection of Women from Domestic Violence Act, 2005 gives a totally different picture of the incident. This aspect could not be brought to the notice of the court. It is further submitted that there has been change of circumstances as well.

(3.) As per the prosecution case, the victim in the instant case is a 30 year old lady. She was in love with the petitioner herein. The family members got in touch and they decided to go through with the marriage. On 9.7.2017, the petitioner herein invited the victim to his house and he is alleged to have subjected her to sexual intercourse without her consent. She was locked up in a room and thereafter, he went to the Church. Later, her family members came to the house of the petitioner and rescued her. It is alleged that the petitioner gave his word that he would marry the victim and when he went back on his promise, a complaint was filed, based on which, the aforesaid Crime was registered.