BHADRAN AND SASIKUMAR Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 2 in Crime No. 119 of 2010 of Kareelakulangara Police Station.

(2.) The offences alleged against the petitioners are under Sections 366 and 376 read with Section 34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) The case of the de facto complainant is that on 12.12.2007, she was abducted by accused No. 1 and she was taken to the house of accused No. 2. In that house, she was illegally confined till 16.12.2007 and she was raped by the first accused on several occasions. She became pregnant and a child was born to her. There is no allegation of rape against accused No. 2. The de facto complainant filed a complaint before the Magistrate's court on 10.3.2010. The complaint was forwarded to the police under Section 156(3) of the Code of Criminal Procedure and accordingly, the crime was registered.