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Judgment
P.D. Rajan, J.—The petitioner is the accused in Crime No. 360/2014 of Aranmula Police Station, which is registered u/s. 376 IPC. The prosecution allegation is that the petitioner raped the defacto complainant, after giving promise to marry her. On the basis of information, Aranmula Police registered the above crime and investigation is in progress. The petitioner was arrested on 27.3.2014 and his bail application was dismissed by the Judicial First Class Magistrate Court-I, Pathanamthitta. Hence, he approached this Court with this application.
Heard both sides. The learned counsel appearing for the petitioner contended that there was no allegation of forcible sexual intercourse and the statements given by the victim show that she was a consenting party to the sexual acts and both of them had voluntarily sexual intercourse at her own free consent.
The learned Public Prosecutor strongly opposed the application and contended that the investigation is going on. The petitioner promised to marry the victim. But, subsequently, the petitioner betrayed her. Hence, this is not a fit case to grant bail at this stage.
On the basis of the above argument, I have perused the case diary and the report submitted by the Investigating Officer. The case records show that investigation is progressing. The medical examination of the victim was conducted by the Medical Consultant, District Hospital, Kozhencherry. Potency test of the petitioner was also conducted. Medical examination shows that there was evidence of the genital penetration. Therefore, prima facie case is made out against the petitioner. Since the investigation is progressing, this is not a fit case to grant bail at this stage.
Therefore, there is no merit in this application and it is dismissed accordingly.