SHAMEER M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 3rd accused in Crime No.395/2021 of the Medical College Police Station, Kozhikode District. Following investigation of the crime, a final report has been filed before the Judicial First Class Magistrate Court-V (in charge of Judicial First Class Magistrate Court-I, Kozhikode), which is now pending before the Judicial First Class Magistrate Court-I, Kozhikode as C.P.No.31/2021. The allegation against the petitioner, who is the 3rd accused is that he along with the 1st and 2nd accused committed rape and sexual assault and also had unnatural relationship with the victim, who is a mentally retarded girl, aged 21 years. It is alleged that the 1st and 2nd accused kidnapped the de facto complainant and took her to a bus, which was parked at the garage of one Abhilash, and all the accused together committed sexual assault on her in the manner indicated above.

(2.) The learned counsel for the petitioner submits that the petitioner has been in custody from 6/7/2021 and further detention of the petitioner is not necessary as a final report has already been filed in the matter.

(3.) The learned Public Prosecutor submits that this is a case where the offence alleged is very grave especially considering the fact that the victim is a mentally retarded person. It is also submitted that the investigation has revealed the clear role played by the petitioner/3rd accused in the matter.