NANADKUMAR V Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under ? 438 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No. 574 of 2018 of the Payyannur Police Station, registered under ?? 376 and 384 of the IPC.

(3.) The above Crime was registered on a complaint filed by the de facto complainant on 23.5.2018 before the learned Magistrate, which was referred to the police under Section 156(3) of the Cr.P.C. In her complaint, the de facto complainant alleges that she met the applicant herein in the year, 2016. Induced by the applicant, the victim joined his office as an Accountant. While so, the applicant was appointed as a franchisee of a reputed training institute. The de facto complainant was persuaded to join the business as a partner. She was told that she had to undertake an induction programme at Nagpur. Believing the words of the applicant and after securing permission from her husband, she went with him to Nagpur in a car. On the way, they stayed at Bangalore in the same room. It is alleged that on the next day, i.e., on 8.5.2016, she was drugged and was then subjected to non-consensual sexual intercourse. This was repeated on numerous days thereafter. On 11.5.2016, they returned back in the same car. It is further alleged that the applicant demanded that she should invest money in his business and when she refused, she was threatened with publishing of explicit photographs which were taken without her consent. Finally, a loan was availed from the Payyanur Co-operative Service Bank on 30.7.2016. The sum of Rs. 45 lakhs, which was sanctioned was withdrawn and the same was handed over to the applicant. It is further alleged that on 11.8.2016, a partnership agreement was executed and the victim was also made a partner. On 18.8.2016, the partnership firm commenced its functioning. Even thereafter, the victim was forced to hand over gold ornaments to the applicant herein under threat. Finally, on 23.2.2018, the victim decided to leave the partnership and she and her friend started a new coaching centre at Pilathara. According to the victim, she was forced to do all these acts under threat.