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2022 Supreme(Online)(KER) 33226

SARATHKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['P VIJAYA BHANU SR', '', 'P M RAFIQ', 'M REVIKRISHNAN', 'AJEESH K SASI', 'MITHA SUDHINDRAN', 'SRUTHY N BHAT', 'RAHUL SUNIL', 'SRUTHY K K']

ORDER

This is an application for anticipatory bail.

2. The petitioner is the accused in Crime No.12/2022 of Puthukad Police Station, Thrissur District, alleging commission of offences under Sections 451, 376(2)(n) and Section 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he entered into a relationship with the de facto complainant and maintained the same for about five months on the promise that he will marry the de facto complainant. It is alleged that, on the basis of such promise, the petitioner had sexual relationship with the de facto complainant and, thereafter, he withdrew from the promise of marriage and thereby he committed the offences alleged against him.

4. Sri. P. Vijaya Bhanu, the learned senior counsel appearing for the petitioner on the instructions of Ms. Sruthy N. Bhat would contend that while it may be that the petitioner was in a relationship with the de facto complainant, no element of rape as alleged is involved in the matter. It is submitted that the petitioner is a 27 year old man and the de facto complainant is a 31 year old married lady with a 7 year old daughter. It is submitted that though she is living separately from her hu

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