ORDER

Application for pre-arrest bail.

2. The petitioner is the accused in Crime No.104/2021 pf Punnapra Police Station registered for the offecnes punishable under Sections 354, 376(2) (n) ,417 and 420 of the Indian Penal Code. 3. The prosecution allegation is that the petitioner had close acquaintance with the defacto complainant. Under the false promise to marry her she was subjected to sexual intercourse by him from May 2010 to December 2019 and thereafter he backed off from the promise and thereby committed the aforesaid offences.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner has submitted that the allegations levelled against him are absolutely false and baseless. He was having friendship with the defacto complainant but never had any physical relationship as alleged by her. In order to substantiate the same, the learned counsel has referred to the complaint filed by the defacto complainant before the Women Cell, Alappuzha in the month of August 2020. In the complaint she had specifically alleged that the petitioner had received in total a sum of Rs.8 lakhs on various occasions and promised before her father that he would marry her. But thereafter he backed off from his promise but she has not made any allegation of sexual harrasment or rape against him before the Women Cell. But later in the month of February 2021 he has been falsely implicated in the case.

6. The learned Public Prosecutor submitted that the investigation of the case is well in progress.

7. A copy of the complaint submitted by her on 10.8.2020 before the Women Cell, Alappuzha would show that this petitioner and the defacto complainant had acquaintance from the year 2005 onwards. They were in love with each other. But there is no allegation of sexual harassment against the petitioner in her first complaint dated 10.8.2020. Annexure A2 is the invitation card regarding the marriage of this petitioner with another lady proposed to be held in the month of January 2021. That might have prompted her to prefer this complaint against the petitioner in the month of February 2021. The materials available before me as such will not show that custodial interrogation of this petitioner is required to proceed with the investigation of the case on the complaint preferred by her before the respondent in the month of February 2021. Therefore, the request for pre-arrest bail can be considered favourably.

8. Hence this petition can be disposed of directing the petitioner to surrender before the Investigating Officer on 12.3.2021 at 11.00 a.m. Upon such surrender after interrogation and recording his arrest, he shall be released on bail on the very same day subject to the following conditions:

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.1,00,000/- each (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in connection with the above crime.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-

operate with the investigation of the case.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.