Subin. P vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the third accused in Crime No.515 of 2022 of Elathur Police Station, Kozhikode alleging offences under sections 363, 366-A, 328, 376-D of the Indian Penal Code, 1860 apart from sections 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and section 77 of the Juvenile Justice (Care and Protection) Act, 2015.

According to the prosecution, on a day during the last week of June, 2022, accused 1 to 3 jointly kidnapped a minor girl and after forcing her to consume beer, committed penetrative sexual assault on her as a gang.

Sri.P.Jeril Babu, learned counsel for the petitioner submitted that the entire allegations are false and that the mother of the petitioner became severely depressed and committed suicide after the crime was registered. It was also submitted that petitioner was arrested on 14.07.2002 and has been in custody since then.

Smt.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and contended that the evidence adduced so far clearly point towards the guilt of the petitioner and that the other two accused are absconding and therefore releasing him on bail at this juncture would cause prejudice. It was also contended that the petitioner is alleged to have gang-raped the victim along with the other accused and that if he is released on bail, there is every chance of him threatening and influencing the witnesses even though the final report was filed on 03.09.2022. It was also pointed out that the petitioner is involved in another crime as Crime No.511 of 2022 of Elathur Police Station.

I have perused the case diary and have also gone through the statement of the victim.

Petitioner is alleged to have indulged in a grievous offence of gang-rape along with two others. Though the other two accused are absconding, petitioner was arrested on 14.07.2022. The accused are alleged to have compelled the victim to consume beer and thereafter gang-raped her. The allegations are serious and even though the final report has been filed, considering the gravity of the offence and the age of the victim, I am of the view that petitioner cannot be released on bail at this juncture.

Accordingly, I dismiss this bail application.