ORDER

1.This petition is filed under Section 439 of the Code of Criminal Procedure .

2.The petitioner herein is the accused in Crime No.1552 of 2017 of Kulathupuzha Police Station, registered alleging offence punishable under Sections 450 and 376 of the IPC.

3.The victim in the instant case is aged 36 years and a near relative of the petitioner herein. According to the victim, the petitioner and the victim have been living as husband and wife for the past 8 years. It is based on the assurance that the petitioner would marry her. However, about 3 years back she married another man. The said person was mentally challenged. Knowing about the relationship between the petitioner and the victim, he left the victim. Thereafter the petitioner started living with the victim. During the said period, the petitioner had subjected her to sexual intercourse. When the request of the de facto complainant to marry her was not acceded to, she approached the police and gave information based on which the crime was registered.

4.The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 27.12.2017 and has been in custody since then. The allegations are baseless and th