ARSHAD Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioners are accused Nos. 3 and 6 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.