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2022 Supreme(Online)(KER) 6345

HIGH COURT OF KERALA
VIJIL. V NAIR – Appellant
Versus
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR – Respondent


ORDER

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

2. Petitioner is arrayed as the first accused in Crime No.222/2022 of Muhamma Police Station, Alappuzha District. The offence alleged against the petitioner are under Sections 376(1), 376(2) (n), 354, 294(b), 323, 324, 341 and 34 of the Indian Penal Code. The prosecution case is that the accused sexually exploited the de facto complainant with the promise of marriage from September 2019 onwards, and he collected large amount of money from the de facto complainant. Thereafter, on 15.03.2022, when the de facto complainant went to the residence of the petitioner as per his instructions to take steps to register their marriage, the accused abused and assaulted the de facto complainant using a helmet. The de facto complainant also gave statement that they had indulged in sexual relationship at the instance of the first accused with the promise of marriage.

3. Smt.Sulfiya, the learned counsel for the petitioner vehemently contended that petitioner is totally innocent of the allegations and that at the most, the statement of the de facto complainant would only reveal a consen

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