VINAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications for regular bail under Section 439 of the Code of Criminal Procedure.

(2.) The petitioner in Bail Application No.1603 of 2020 is accused No.22, and the petitioner in Bail Application No.1791 of 2020 is accused No.24, in Crime No.637 of 2019 of Mala Police Station. The case aforesaid is one registered for offences punishable under Sections 370 , 376 , 376D and 120B of the Indian Penal Code and Sections 3(1) , 3(2)(a) and 3(2)(b) of the Immoral Traffic (Prevention) Act. There are several accused in the case. The accusation against the accused is that the first accused developed acquaintance with the victim lady aged 19 years and caused her to come to a place outside her house and had raped her with the active assistance of the the second accused. It is also alleged that later, the second accused introduced the victim to many people through her associates and on account of the threat caused by the second accused and her associates, the victim had to undergo sexual intercourse with others on several occasions at different places against her will and without her consent. Accused Nos.22 and 24 are persons alleged to have had sexual intercourse with the victim. The petitioner in Bail Application No.1603 of 2020 was arrested on 11.02.2020 and the petitioner in Bail Application No.1791 of 2020 was arrested on 29.01.2020.

(3.) Heard the learned counsel for the petitioners as also the learned Public Prosecutor.