Kerala High Court: In a bail matter, <\/strong>P.V. Kunhikrishnan, J., noted the position of law that, a promise to marry made to married women is not legally enforceable, the offence of rape is not attracted.<\/p>\n The prosecution case was that on a day in the month of April 2021, on a false promise of marriage, the accused took the de facto complainant to a hotel and committed rape on her without her consent.<\/p>\n Hence, it was alleged that the accused committed the offence.<\/p>\n Petitioner\u2019s counsel submitted that even if the entire allegations were accepted the offences under Section 376 IPC was not made out.<\/p>\n The counsel submitted that even according to the de facto complainant, she was married at the time of the alleged incident. In such circumstances, the allegation that the rape was committed promising marriage will not stand.<\/p>\n Further, the counsel took the Court through the Judgment of this Court in which it was stated that promise to marry made to married women is not legally enforceable, offence of rape not attracted.<\/p>\n In view of the above-stated facts, Court stated that the petitioner can be released on bail o stringent conditions.<\/p>\n Bench stated that it is a well-accepted principle that bail is rule and jail is the exception. Supreme Court in Chidambaram P. v. Directorate of Enforcement, <\/em>(2019) 9 SCC 66<\/a>, observed that the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.<\/p>\n High Court while allowing the bail application issued the following directions:<\/p>\n