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Judgment
This petition is filed under Section 439 of the Code of Criminal Procedure.
A crime has been registered against the petitioner as Crime No.848/2017 of the Mannarkkad Police Station alleging offence punishable under
Section 376 of the IPC. The informant is the mother of a lady with moderate mental retardation. The victim was aged 31 years. Allegation is that
the petitioner persuaded the victim to go with him to an isolated area and subjected her to rape on three separate occasions. When her periods
became irregular, another daughter of the informant took the victim into confidence. To her sister the victim is alleged to have blurted out the sexual
assault to which she was subjected to.
The learned counsel appearing for the petitioner asserted that the petitioner is innocent. The victim is not mentally incapacitated according to the
learned counsel and even if there was any relationship, the parties being adults, the same was consensual. It is urged that having regard to the
period of detention undergone by the accused he be released on bail.
The learned Public Prosecutor while countering the submissions contended that the certificate of mental competence received by the prosecution
reveals that the IQ classification of the victim is 50, which points to moderate mental retardation. It is urged that the medical examination of the
victim corroborated the case of the prosecution. It is urged that the petitioner, a married man, committed rape on her on a promise that he would
marry her. The investigation is in the early stages and release of the petitioner at this stage would adversely affect the same is the submission.
I have considered the rival submissions and have gone through the case diary.
Prima facie, there are materials which suggest the involvement of the petitioner in the act of commission of rape on a hapless mentally retarded
lady. Having regard to the nature and gravity of the allegations, the stage of investigation, the prejudice that would befall on the prosecution if the
accused is enlarged on bail, and the circumstances which are peculiar to the accused, I am of the view that this Court will not be justified in
enlarging the petitioner on bail at this stage. This petition will stand dismissed.