Liju 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 accused in Crime No.71/2023 of Punalur Police Station. The offences alleged are punishable under Sections 366, 376, 376(2)(1) and 377 of Indian Penal Code, 1860.

The prosecution case, in short, is that on 10.01.2023 at 10.00 am, the applicant abducted the victim in a bike, took her to a room in an unfinished house and was subjected to rape as well as carnal intercourse and thereby committed the offence.

I have heard Sri. Syam J. Sam, 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 12.01.2023. 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. This is a case where a mentally challenged woman having 40% disability, aged 19 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.