XXX vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the sole accused in crime No.578/2021 of Vellathooval police station, alleging commission of offences under sections 449, 428, 307,

326, 302, 354A(i), 506(i), 376, 376(2)9f) (n), 376(3), 342, 392, 397 and 201 of the Indian Penal Code and Section 4(2) r/w.3(a), 6 r/w.5(l), 5(n), 5(p), 8

r/w.7 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is that he attacked two of his neighbours, who are also stated to be close relatives of his wife, on 03.10.2021, at

about 12.30 am, on the presumption that they were responsible for ousting him from his house at the instance of his wife. In the process, the petitioner

also murdered the son of one of the aforesaid persons, aged 7 years, robbed a sum of Rs.10,000/- and a gold chain. He also attacked another relative

and also committed rape on the sister of the deceased boy, who was aged only 15 years. It is alleged that the victim of the rape who was in another

house close by was taken to the first house where the 7 year old boy was murdered and she was raped after showing her the dead body of her

brother.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that a final report has

already been filed in the matter and the continued detention of the petitioner is not necessary for the purpose of any investigation. It is submitted that

the continued detention of the petitioner will prevent him from raising a proper defence to the charges laid against him. It is submitted that the

petitioner may be directed to be released on bail.

I have heard the learned Public Prosecutor also.

Considering the facts and circumstances of the case, this is a matter where heinous offences of a brutal nature are alleged against the petitioner.

He alleged to have murdered a seven year old boy and attacked and seriously injured three other people and also raped a 15 year old girl, all on the

presumption that these persons, who are stated to be his relatives, were responsible for his wife ousting him from his house. This is a case where

custodial trial is required. I am therefore of the opinion that the petitioner is not entitled to bail and accordingly the bail application will stand

dismissed.