Moidu K.M 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 accused in Crime No. 405/2022 of Kambalakkad Police Station, Waynad District. The offences alleged against the petitioner are punishable under Sections 450, 376, 506(i) and 294(b) of the Indian Penal Code, 1860.

According to the prosecution, on 22.09.2022 at 3.00 pm, the accused trespassed into the house of the defacto complainant and forcibly raped her and also threatened her, if she complained it to anyone.

R.Ramdas, the learned counsel for the petitioner contented that, the entire prosecution allegations are false and that the alleged incident is impossible to have occurred, especially, since the victim’s brothers are all residing in and around her house. It was also submitted that petitioner was arrested on 26.09.2022 and that the continued detention is not essential, especially, since the interrogation is over.

Sri.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and contended that incident reveals a serious offence of rape, having been committed by the petitioner, and that the investigation is still going on.

I have considered the rival contentions and have also perused the statement of the victim.

Petitioner is alleged to have raped the victim after trespassing into her house. Having regard to the gravity of the offence, apart from the fact that the investigation is still going on, I am of the view that this is not a fit case where the petitioner can be released on bail at this juncture.

Accordingly, this bail application is dismissed