PRADEEPKUMAR 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 accused in Crime No.1438/2020 of Pangode Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 323 , 506(i) , 376 , 376(2)(n) , 376C(b) of IPC.

(3.) The prosecution case is that the accused is a Junior Health Inspector working at Kulathupuzha Community Health Centre. The prosecutrix in this case was working at Malappuram as a Home Nurse. It is the case of the victim that on 30.8.2020, she contacted the Health Inspector and C.I Kulathupuzha for her inter district arrival at Kulathupuzha during this pandemic period. On 31.8.2020 she reached her house at Kulathupuzha and contacted the Health Inspector regarding her arrival. On the next day she was tested Covid-19 negative and she called the Health Inspector for getting her Covid-19 negative certificate. As advised by the accused, she went to the residence of the accused at Chettakadumukku of Barathannur in Pangode Village. While so, it is alleged that the accused assaulted the victim and pushed her down. It is alleged that the accused tied both hands of the victim at her back and mouth was blocked with a dothi. Then her both legs were tied together and the other end of the same tied at the cot and thereafter accused raped her. It is alleged that subsequently the petitioner removed the cloth from her mouth and threatened her that if the matter is divulged to anybody, she has to face consequences. This is the sum and substance of the allegation in the first information statement given by the victim.