IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941 Bail Appl..No.8736 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMP 5142/2019 DATED 22-11-2019 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA PETITIONER/ACCUSED:

SURESH T.D.

AGED 36 YEARS S/O DAMODARAN, VISHNU NIVAS, MUTTATHUKONAM.P.O, CHENNEERKARA, KOZHENCHERRY TALUK, PATHANAMTHITTA.

BY ADVS.

SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2 ADDL. R2 SUCHITHRA D.

AGED 43 YEARS W/O BHADRAN .C. G.

CHIRATTAMALA KIZHAKKETHIL HOUSE , ELAVUMTHITTA. P .O , PATHANAMTHITTA DISTRICT-689625.

IS IMPLEADED AS PER THE ORDER DATED 18.12.2019 IN CRL.M.A.NO.1/2019 BY ADVS.

SRI.M.P.KRISHNAN NAIR-R2 SRI.JOSEPH THEKKEKURUVANAL-R2 SRI. AMJAD ALI- PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

18.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ALEXANDER THOMAS, J. ------------------------------------

B.A. No. 8736 of 2019 ------------------------------------

Dated this the 18^th day of December, 2019

O R D E R

The petitioner herein has been arrayed as the sole accused in the instant Crime No.543 of 2019 of Elavumthitta Police Station, Pathanamthitta, which has been registered for the offences punishable under Secs. 376 and 384 of IPC and Sec.66(E) of Information Technology Act, 2000. The crime has been registered on basis of the F.I Statement given by the lady defacto complainant on 18-09-2019 at about 5.00 p.m, in respect of the alleged incidents, which had happened for the period from 01-03-2016 to 16-08-2019.

2. The brief of the prosecution case as disclosed in the abovesaid F.I statement is that, the lady defacto complainant aged 43 years, is a married woman and having children and that she is working in Government service as a Premetric Hostel Warden under the social welfare department and that the petitioner/accused now aged 36 years, had became acquainted with the lady as his niece is staying in one of the metric hostels and that the petitioner had introduced himself to the lady defacto complainant as a superior officer in the Scheduled Caste and Scheduled Tribe development department of the State Government and they became intimate and as requested by him, she had voluntarily sent her nude pictures to him and he later threatened her that he would use her photographs unless she accedes his demands of sexual favours and that on 01-03-2016, she had gone along with him to various places like Kanyakumari, Nagarkovil, Thambanoor etc., where they stayed in lodges and had sexual intercourse and thereafter they had gone to various other places, and in January, 2017 had stayed in a lodge near Trivandrum, where they had sexual intercourse. Further that the petitioner had forwarded some of her intimate video pictures to her friends and out of threat she had again gone with him to Nagarkovil on 16-08-2019 and had stayed in a hotel called 'Ganga Palace' there also they had sexual intercourse. That later she came to realise that the petitioner is actually working in Assam rifles and that further that later he had also obtained about Rs.1 Lakh from her and has not given it back. Later her son and other family members have come to know these incidents and thereafter she reported the matter to the Police.

3. The learned counsel for the petitioner would point out that the abovesaid allegations are false and fabricated. Further that a reading of the FIS itself would make it clear that the allegation that the lady was under the impression that the petitioner was her superior officer in the Scheduled Caste and Scheduled Tribe development department etc., is absolutely false, for the simple reason that admittedly the lady is working in the Government Service in Premetric Hostel and any cursory enquiry by her would easily reveal that the petitioner is not in any manner associated with the said Governme