Hamsa @ Achutty vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the sole accused in Crime No.80/2023 of Ottappalam Police Station. The offences alleged are punishable under Section 376(2)(l) of Indian Penal Code, 1860 and Section 92(d) of the Right of Persons with Disabilities Act.

The prosecution case, in short, is that on 16.01.2023 between 3.00 pm and 4.30 pm, the applicant committed rape on the survivor, who is a mentally retarded person at the back side of the house of the survivor at Akalur and thereby committed the offence.

I have heard Sri. Haroon Rasheed, the learned counsel for the applicant and Sri. M.P. Prasanth, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 24.01.2023. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The victim who is a mentally retarded person aged 21 years was raped by the applicant.

Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.