ORDER

Petitioner is the accused in Crime No. 51/2022 of Mankada Police Station, Malappuram district alleging commission of offences under Section 376 of the IPC.

2. The allegation against the petitioner is that, the petitioner had entered into a relationship with the defacto complainant on the false promise of marriage and had sexual relationship with her and thereby he committed the offence alleged against him.

3. Learned counsel for the petitioner submits that the petitioner is a dentist by profession. It is submitted that the defacto complainant had approached the petitioner for some consultation and even according to the FIS, she had developed some intimacy with the petitioner. It is submitted that the defacto is a married lady having a child and the said marriage is still subsisting. It is submitted that the petitioner is also a married man and even if the allegations in the FIS are correct, there could not have been any promise of marriage. It is submitted that though the petitioner is abroad at present, he is intending to come back to India on 17.03.2022 and he may be granted anticipatory bail as a look-out notice has been issued against him.

4. Learned Public Prosecutor opposes the grant of bail.

The circumstances of the case appearing against the petitioner are pointed out from the record. It is submitted that going by the contends of the FIS, the petitioner had clearly committed the offence of rape.

5. It is settled law that a relationship between two consenting adults cannot amount to rape unless it is shown that the consent of the victim had been obtained on some false premise. Here, the allegation is that the consent of the victim is obtained on the promise of marriage. As it is stated that the marriage of the defacto complainant and that of the petitioner are still subsisting as on date, it may be difficult to establish that there was a false promise of marriage even assuming that there was some relationship between the petitioner and the defacto complainant.

6. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

7. In the result, this bail application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of his arrest in connection with Crime No. 51/2022 of Mankada Police Station subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 51/2022 of Mankada Police Station at 10.00 AM on 19.03.2022 and 21.03.2022 and thereafter whenever called upon to do so;

(iii) Petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 51/2022 of Mankada Police Station;

(iv) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 51/2022 of Mankada Police Station may file an application before the jurisdictional Court for cancellation of bail.