Bhaskaran Pillai Sudheendra Kumar, J.

The accused in Crime No. 1593/2015 of Kazhakkoottam Police Station registered under Section 376 IPC has filed this application seeking for the relief under Section 438 Cr.P.C. The prosecution case is that the petitioner made promise to the de facto complainant that he would marry her and thereafter, he had sexual intercourse with her. Thereafter, the petitioner refused to marry her.

2. Heard both sides and perused the case diary.

3. The learned Public Prosecutor opposed the application and submitted that this is a second application filed by the petitioner seeking for the relief under Section 438 Cr.P.C. and in the said circumstances, this application cannot be entertained, particularly, when there is no change in circumstance.

4. Per contra, the learned counsel for the petitioner submitted that there is no bar in filing the second application under Section 438 Cr.P.C. and in the said circumstances, this application is perfectly maintainable.

5. It is admitted that the earlier application filed by the petitioner seeking for the same relief was dismissed by a learned Single Judge of this Court as per order dated 23/06/2015 in Bail Application