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2023 Supreme(Online)(KER) 19134

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
AFSAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
DOMSON J.VATTAKUZHY

ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the sole accused in Crime No.1576/2022 of Thodupuzha Police Station, Idukki District, now transferred and renumbered as Crime No.1037/2022 of Vazhakkulam Police Station. The offence alleged against the petitioner is under Section 376 (2)(n)

of the Indian Penal Code, 1860 .

3. According to the prosecution, petitioner had committed the offence of rape after promising to marry the victim and thereby committed the offences alleged.

4. Sri.Domson J Vattakuzhy, learned Counsel for the petitioner submitted that the prosecution allegations are false and that the petitioner is innocent of the crime. It was further submitted that even if the entire allegations are assumed to be true, the same would only reveal a consensual relationship. According to the learned Counsel, petitioner is a young man of 24 years and he was arrested on 21.11.2022. It was pointed out that since the investigation is almost on the verge of completion, taking note of the period of detention already undergone, petitioner ought to be released on bail.

5. Smt.M.K.Pushpalatha, learned Public Pro

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