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 consensual relationship and the offences alleged against the petitioner are not made out at all.

4. Smt.M.K.Pushpalatha, the learned Senior Public Prosecutor submitted that there are specific statements given by the de facto complainant with respect to the offences alleged and the same being serious in nature, custodial interrogation of the petitioner is essential.

5. Petitioner alleges that even if the case against him is assumed to be correct, still it would only be a case where he was having a relationship with the de facto complainant who is a widow with a child and that both of them are neighbours. Though he denies any relationship and alleges the case to have been filed only to exploit him, I am of the view that a custodial interrogation may be necessary atleast for a limited period.

6. In view of the above, this application is disposed of directing the petitioner to surrender before the Investigating Officer on 11.06.2022 and the petitioner shall be subjected to interrogation. After completion of the interrogation, if the Investigating Officer proposes to arrest the accused, he shall be produced before the learned Magistrate after recording the arrest and the petitioner will be at liberty to file appropriate application. If any application is filed, the learned Magistrate shall consider the same and pass appropriate orders, in accordance with law as expeditiously as possible.

The Bail Application is disposed of as above.