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Judgment
9 paragraphs · 344 wordsP. Krishna Kumar , J
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Petitioner is the 3rd accused in Crime No.313 of 2011 of Kasaba Police Station, Kozhikode. The above case is registered against the petitioner alleging offences punishable under Sections 365, 376 (g), 506(i) read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC').
The prosecution case is that on 04.05.2011, at 16.00 hours, the accused persons 1 to 3, kidnapped the de facto complainant in an autorickshaw and took her to a vacant building situated at Feroke and gang raped her and further threatened her to kill and thereby the petitioner and other accused persons have committed the above offences.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioner 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 petitioner, and he is not entitled to bail at this stage. The learned Public Prosecutor further submitted that the petitioner has absconded for more than a decade and other accused persons are already convicted by the trial court and hence a custodial trial is required in this matter.
The petitioner was arrested on 23.09.2024. A perusal of the case records would reveal that the accusation against the petitioner is very serious, and it prima facie shows a premeditated grave criminal act on his part. Considering the nature of the crime, the manner in which the petitioner is alleged to have involved in it, and the facts and circumstances mentioned above, I am of the view that the petitioner cannot be released on bail at this stage.
The bail application is accordingly dismissed.