RAZA M FAZAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a regular bail application filed under Section 439 of Cr.P.C.

(2.) The case of the petitioner is that he is the accused in crime No.720/2016 Ernakulam Town North Police Station which was registered for an offence under Section 376 r/w. Section 506 (i) of IPC. The victim is described as a Chartered Accountant by profession. The victim's age is about 28 years. It is alleged that as back as in May 2016 an FIR was lodged before the police stating that the petitioner herein committed rape by threat. It appears that after registration, CrlM.C. 2970/2016 was filed before this court to quash the FIR. It appears that an affidavit allegedly that of the victim was also annexed to the same. Thereafter, it appears that a statement under Section 164 of Cr.P.C. of the victim was seen recorded wherein it is alleged that there was no rape. Thereafter it appears that when the refer report was filed, a notice was sent to the victim from the court. Then she changed her version and a protest complaint was filed. Thereon further investigation ordered and the petitioner herein arrested.

(3.) I heard the learned Senior Counsel appearing for the petitioner as well as the learned Public Prosecutor.