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2022 Supreme(Ker) 216

KAUSER EDAPPAGATH
X – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Blaze K.Jose, Urmila Zacharia, Gautham Krishnan, Advs.
For the Respondent: Rameez Nooh, Millu Dandapani, Sri.Sangeetha Raj, Advs. PP

ORDER :

This Criminal Miscellaneous Case has been filed to set aside the order granting anticipatory bail by the Sessions Court, Ernakulam (for short, ‘the court below’) to the accused in Crime No.83/2022 of Ernakulam Town South Police Station.

2. The petitioner is the de facto complainant and the 2nd respondent is the accused in Crime No.83/2022 of Ernakulam Town South Police Station. The crime was registered against the 2nd respondent based on the statement given by the petitioner on 19/1/2022 to the SI of Police, Ernakulam Town South Police Station u/s 376(1) of IPC.

3. The allegation of the prosecution is that the petitioner and the 2nd respondent came to know each other through a matrimonial website (www.keralachristianmatrimony.com) in the month of April 2020. Thereafter, in the month of August 2020, when the petitioner visited Kerala to attend the court in connection with her divorce case, the 2nd respondent visited room No.207 in Park Residency Luxury Business Hotel at Kadavanthra where she was staying and committed rape on her against her will on 25/8/2020.

4. The 2nd respondent moved an application for anticipatory bail on 22/1/2022 at the court below as Crl.M.C.No.179/2022.

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