ALWIN JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole applicants concerned in B.A.No. 731/2020, B.A.No. 296/2020, B.A.No. 134/2020 and B.A.No. 368/2020 as well as the two applicants in B.A.No.397/2020 respectively have been arrayed as accused Nos.1, 3, 4, 15, 16 and 17 respectively in the instant Crime No. 637/2019 of Mala Police Station, Thrissur, which has been registered for offences punishable under Secs.370, 376, 376B and 120B of the I.P.C. read with Sec. 34 of the I.P.C.

(2.) The broad accusations in these cases are to the effect that the 1st accused had developed acquaintance with the lady victim then aged 18 years, and caused her to come to a place outside her house and had forcible sexual intercourse with her and that later, various other persons associated with the 1 st accused also had forcible sexual intercourse with the lady victim by threatening her, etc.

(3.) The aforementioned applicants, who have been arrayed as accused Nos.1, 3, 4, 15 and 16 and 17 respectively, have been arrested on 5.9.2019, 4.9.2019, 7.11.2019, 11.10.2019 and 19.10.2019 respectively and they have been remanded and after their respective remands, they have been under detention since then. It is also common ground that the investigations in these cases have been duly completed and separate final reports/charge sheets have been filed in respect of each of these bail applications and the case is now pending in committal proceedings before the jurisdictional Magistrate's court concerned. The anticipatory bail applications as well as the regular bail applications of many of the accused persons, including the present accused persons have been denied by this Court on various occasions. Now it is also common ground that accused No.12, who was facing similar allegations and who was arrested and remanded on 26.10.2019, has now been ordered to be released on regular bail as per order dated 11.2.2020 rendered by this Court in B.A.No. 278/2020. It appears that the prosecution agency/investigation agency has not challenged the said order passed by this Court in B.A.No.278/2020. The learned Advocates appearing for the respective accused persons in these bail applications would submit that the entirety of the investigation in these cases has been completed and that no effective purpose would be subserved by the continued incarceration of the petitioners and that this Court may order to release them on bail subject to any stringent conditions, etc.