JOMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.1440/2021 of Pettah Police Station, Thiruvananthapuram District, registered under Section 376(2) of IPC.

(2.) It is alleged that on 15.7.2021 at about 02.30 p.m. the petitioner with an intention to have sexual intercourse with the defacto complainant, asked her to come to Pettah, stating that the apartment has to be cleaned. He waited for her at Pettah and hired an autoricksahw and brought the victim to his apartment in Artech Deepam Flat No.3C. Then he told her that she is not called for cleaning purposes, and stated his intention to have sex with her. Thereafter, in spite of her resistance, he committed rape up on her. Thereby, accused committed the offence aforementioned.

(3.) The Sub Inspector of Police filed report along with copy of the FIR, FIS and Medical records etc. In the report filed by the Sub Inspector, it has been stated that the presence of the petitioner in the locality will be a threat to the defacto complainant and family and there is chances of tampering the evidence also. The learned Public Prosecutor also raised strong objection in considering the bail application.