ORDER

This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No.725 of 2022 of Pathanapuram Police Station, Kollam District, alleging offences under Sections 376, 376(2)(n), 295(b), 354, 427 r/w Section 34 of the Indian Penal Code, 1860.

3. According to the prosecution, in March 2020, after befriending the victim and after giving a false promise of marriage, the accused sexually exploited the victim on 17/6/2022 and thereafter backed out of the marriage and thus committed the offences alleged.

4. Sri. Nahas H., the learned counsel for the petitioner contended that prosecution allegations are false and that incident as alleged had not occurred. It was further submitted that even if the allegations are assumed to be correct still the same would only reveal an instance of a consensual relationship. It was further pointed out that in any event, the allegation of promise to marry is unbelievable since the victim is now learnt to be a married lady, the marraige having been registered on 10/5/2017 as per certificate No.16/2017 issued by the Marraige Registering Officer, Mallappally.

5. Smt.Pushapalatha M.K., the learned Public Prosecutor opposed the grant of anticipatory bail and contended that allegations leveled against the petitioner are serious in nature and that custodial interrogation of the petitioner is essential.

6. The allegation raised against the petitioner is very serious.

However, as per I.A.No. 1 of 2022, petitioner has produced a marriage certificate which evidences the marriage of the victim with another person as registered on 10/5/2017. The said marriage is stated to be still subsisting, even though divorce proceedings are pending as O.P

287/2020 before the Family Court Kollam.

7. Having regard to the allegation of subsistence of a valid marriage and other circumstances arising in the case, I am of the view that in the nature of the allegations raised against the petitioner, limited custody will be sufficient for interrogation.

Accordingly, this application is allowed on the following conditions:

(i) Petitioner shall appear before the Investigating Officer from 9.am to 6.pm on 22-08-2022, 23-08-2022 and 24-08-2022 and shall subject himself to interrogation.

(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(iii) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(iv) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;

(v) Petitioner shall not commit any similar offences while he is on bail.

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

BECHU KURIAN THOMAS JUDGE AJM/12/8/22