ORDER :

The petitioners are the accused in Crime No.1189/2023 of Thalassery Police Station, Kannur District alleging commission of offences under Sections 376, 354, 120B read with Section 34 of the Indian Penal Code.

2. The petitioners are stated to be practising lawyers. The allegation against the petitioners essentially is that after the de facto complainant/victim approached the 1st petitioner in the year 2021 for the purposes of filing proceedings before the Family Court, Kozhikode for obtaining divorce from her husband, the 1st petitioner sexually abused the de facto complainant/victim. It is alleged that the 1st petitioner had invited the de facto complainant/victim to meet him at a hotel in Kozhikode and after offering her a drink which was spiked, he sexually abused her. It is alleged that thereafter the 1st petitioner promised the de facto complainant/victim that she would be taken care of just as his wife and the education of the daughter of the de facto complainant/victim would also be taken care of. A further promise was allegedly made that the accused would purchase for the de facto complainant/victim a house in Kozhikode. It is alleged that thereafter the de facto complainant/victim was sexually abused on several occasions. It is alleged that the de facto complainant/victim was asked to come to Tellicherry and there the 2nd petitioner who is a colleague of the 1st petitioner also sexually abused the de facto complainant/victim. It is also alleged that the 1st petitioner/1st accused had recorded certain nude pictures and videos of the de facto complainant/victim on his mobile phone and therefore the petitioners had committed the offences alleged against them.

3. The learned counsel appearing for the petitioners would contend that the petitioners are fairly successful Advocates practising in the courts at Tellicherry and at Kozhikode. It is submitted that the de facto complainant/victim had approached the 1st petitioner seeking his professional help in filing a petition for obtaining divorce. It is submitted that the petition for divorce was filed before the Family Court, Kozhikode and by Annexure-I order in O.P No.1011/2022 on the file of the Family Court, Kozhikode, divorce was granted to the de facto complainant/victim. It is submitted that the wedding of the daughter of the 1st petitioner was fixed for 01-07-2023. It is submitted that Annexure-II is a copy of the invitation card. It is submitted that on knowing that the wedding of the daughter of the 1 st petitioner was fixed on 01-07-2023, Annexure-III complaint was filed by the de facto complainant/victim. Annexure-III was addressed to the City Police Commissioner, Kozhikode, but it was taken on record as a complaint by the Station House Officer, Nadakkavu Police Station, Kozhikode. It is submitted that according to the de facto complainant/victim, after she had approached the office of the City Police Commissioner, she was directed to approach the Station House Officer, Nadakkavu Police Station. The learned counsel for the petitioners submit that there are allegations in Annexure-III complaint dated 30-06-2023, that would indicate that even according to the de facto complainant/victim she was aggrieved by the fact that she had not received sufficient compensation following her divorce and she was also aggrieved by the fact that though the petitioners had offered her financial help and had given her other promises such as helping in the education of her child and helping her to purchase a house, none of those promises were kept by the petitioners, therefore she wants action to be taken in the matter to ensure that all disputes are settled. It is submitted that thereafter on the basis of advice of friends and relatives the petitioners had agreed to pay a sum of Rs.3,00,000/-to the de facto complainant/victim and accordingly a sum of Rs.3,00,000/-was transferred to the account of the de facto complainant/victim, following which she gave Annexure-V letter to the Ci