MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

(2.) Petitioner is the 7th accused in Crime No.615 of 2020 of Kadinamkulam Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 120(B) , 366 , 323 , 324 , 328 , 394 , 354(B) and 376(d) read with 34 IPC.

(3.) The prosecution case is like this:- The defacto complainant is the wife of 5th accused. On 04.06.2020 at about 04.00 p.m. the 5th accused took the defacto complainant and her children to the residence of 6 th accused situated at Vettuthura in Kadinamkulam village. Accused Nos. 5 and 6 consumed liquor and thereafter accused No.5 forcefully administered liquor to the defacto complainant. Accused Nos. 1 to 4, 6 & 7 joined with accused No.5 and entered into a criminal conspiracy to commit rape on the defacto complainant. Thereafter, accused Nos. 1 to 4, 6 & 7 took the defacto complainant and her child to a lonely place at Channankara and committed gang rape on the defacto complainant. They brutally assaulted the defacto complainant and inflicted injuries on her private parts. The accused Nos. 2 & 3 assaulted the minor son of the defacto complainant. Hence, it is alleged that the petitioner committed the offence.