JOHNSON P.V. Vs. STATE OF KERALA,

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No. 11 in the subject crime No.637/2019 of Mala Police Station seeks anticipatory bail in relation to his involvement in the said case. The said crime No. 637/2019 of Mala Police Station has been registered for offences punishable under Sections 370, 376, 376D and 120B of the IPC on the basis of the First Information Statement given by the lady victim aged 18 years on 29/08/2019 at about 11 pm in respect of the alleged incidents which happened for the period from 01/12/2018 to 26/08/2019.

(2.) Sri. M. Revikrishnan, learned Advocate appearing for the petitioner would strongly urge that the petitioner is innocent of the allegations and that it appears that the lady victim has made various allegations of rape on various occasions during the conduct of the above said investigation and it appears that the investigation agency has not carried out the investigation in a proper and fair manner and has rather mechanically acted upon the assertions of the lady victim and that the petitioner is in no manner involved in the said crime and yet he has been arrayed as accused merely on account of the statement given by the lady victim that a person, bearing the same name of the petitioner had committed forcible sexual intercourse on her on an occasion.

(3.) Further that the petitioner would fully co-operate with the investigation process and that the custodial interrogation of the petitioner may not be necessary in this case and that this Court may exercise the discretion and may grant anticipatory bail to the petitioner subject to any stringent conditions and that the petitioner is prepared to abide by any conditions that may be appropriately stipulated by this Court in the grant of anticipatory bail.