ORDER

DATED THIS THE 30TH DAY OF JULY, 2021 The petitioner, who is undergoing incarceration from 10.06.2021 in connection with Crime No. 363 of 2021 of central police station Ernakulam has filed this application seeking his release on bail.

2. The petitioner and the defacto complainant were in a romantic and sexual relationship from the month of February, 2020 onwards. They were living together in a flat at Marine Drive. The defacto complainant is a Fashion Designer. While they were residing together, she was physically and mentally abused, tortured and brutally manhandled by the petitioner. He has also committed rape on her on various occasions and had taken her nude photographs and threatened that he would forward the same to her mother and other relatives and publish in social media. Though at the initial stage they were having a cordial relationship, gradually it turned as a horrible experience for the lady as she was subjected to sexual and physical torture. He had also borrowed an amount of Rs.5,00,000/- from her promising that the same would be returned to her on a monthly basis of Rs.40,000/-. But he failed to return the same as promised by him and thus she was also cheated by him. The petitioner kept her in wrongful confinement and beaten her with belt, broom etc and then subjected her to rape. He used to leave the flat after locking the room from outside. On 08.03.2021 when he had gone out to collect food which was ordered through Zomato, she escaped from the flat and later lodged the complaint against him. Even after the registration of the crime, he intimidated and threatened her from his hide-outs to withdraw the complaint lodged by her.

This is the case of the prosecution in brief.

4. On the complaint Crime No. 363 of 2021 was registered against the petitioner on 08/04/2021 before the Ernakulam Central Police Station for the offences punishable under Sections 323, 324, 344, 376, 420 and 506 of Indian Penal Code. The petitioner was arrested on 10.06.2021 and since then he is in custody.

5. According to the learned Senior Counsel for the petitioner, the petitioner and the defacto complainant were in live-in relationship from the month of February, 2020 and she was living with him with her consent and the sexual relationship by him with the defacto complainant could only be consensual sex and cannot be construed as rape as alleged by the prosecution. So also, it is contended that the alleged injuries sustained by her are very minor in nature and the allegation that he had borrowed an amount of Rs.5,00,000/- from her is absolutely false and baseless. She was not having any money so as to part with the petitioner as alleged by her. In fact, he was providing financial assistance for all her needs believing her that she intends to marry him. Actually she was earlier married but that was not disclosed to him when they started to live together. She was not a Fashion Designer in the film field but was only working occasionally as an assistant to a Fashion Designer. He never assaulted the defacto complainant as alleged by her and she was also not sexually abused by him. She was in the habit of going out with several persons without intimating the petitioner and her indifferent attitude towards him, has turned their life miserable. To extort money from him he was falsely implicated in the case.

6. On the other hand, the learned Public Prosecutor vehemently opposed the bail application. The petitioner has sexually abused and brutally assaulted the defacto complainant and caused injuries by beating her with a belt, broom etc. He is also having criminal antecedents which includes offences under Narcotic Drugs and Psychotropic Substances Act. After registration of this complaint, the petitioner was absconding and after several days of search, the investigating agency could arrest him. Now the investigation of the case is only in progress. His gun, pen drive etc have to be recovered and the investigation of the case could be complet