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2024 Supreme(Online)(KER) 41682

HIGH COURT OF KERALA
C.S. DIAS, J
SARATH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
BIJU BALAKRISHNAN, V.S.RAKHEE, GISHA G. RAJ, AJMAL P., AKSHAYA S.NAIR

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure , 1973(in short, ‘Code’), for an order of pre-arrest bail.

2. The petitioner is the sole accused in Crime No. 227/2024 of the Neyyattinkara Police Station, Thiruvananthapuram, which is registered against him for allegedly committing the offences punishable under Sections 354 (C), 376(2)(n) and 506 of the Indian Penal Code and Sections 66E , 67 and 67A of the Information Technology Act .

3. The gist of the prosecution case is that: the accused, while working as a driver in a private firm, got acquainted with the survivor and made a false promise of marriage to her. Thereafter, the accused had sexual intercourse with the survivor. Subsequently, from December 2023 onwards, the accused threatened the survivor that he would publish her nude photographs and videos in the social media. On 07.01.2023 between 2:00 a.m and 5:00 a.m, the accused had sexual intercourse with the survivor. On 22.01.2024, when the survivor refused to have a sexual intercourse with the accused, he threatened the survivor that he would publish her nude pictures and videos in social media. Thus, the accused has committed the above off

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