XXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.461/2021 of Payyannur police station, alleging commission of offence under Section 376 of the Indian Penal Code.

(2.) The allegation against the petitioner is that on 16.12.2020, the accused, who is the brother of the husband of the de facto complainant, committed rape on the de facto complainant at her residence. It is alleged that the husband of the de facto complainant is a deaf and dumb person.

(3.) Learned counsel appearing for the petitioner would submit that the petitioner was arrested on 28.08.2021 and has been in custody ever since. She submits that the petitioner is actually innocent of all the allegations and that the custody of the petitioner is no longer required as the final report has already been filed and it is now pending before the Judicial First Class Magistrate Court, Payyannur as C.P.No.57/2021 for committal. She also submits that the petitioner shall comply with any condition that may be imposed by this Court.