NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.101 of 2022 of Vallikunnam Police Station, Alappuzha District alleging commission of offences under Ss. 376(1), 376(2)(1) and 506 of the Indian Penal Code, 1860.

(2.) The allegation against the petitioner is that on 12/2/2022 at about 6.45 pm the petitioner raped the daughter of the defacto complainant inside an auto rickshaw and thereby committed the offences alleged against him. The petitioner was arrested on 23/2/2022 and has completed about 260 days in custody. The first bail application filed by the petitioner before this Court as B.A. No.2768/2022 was dismissed by me vide order dtd. 20/5/2022. The main reason which compelled me to refuse bail was that the victim was stated to be a girl suffering from 75% intellectual disability. The second bail application filed by the petitioner as B.A. No.5130 of 2022 was also dismissed by me by Annexure A3 order finding no change of circumstances to consider the grant of bail.

(3.) The learned counsel appearing for the petitioner submits that the petitioner has completed 260 days in custody. It is submitted that final report has been filed in the matter and the statements recorded from the mother of the victim will show that the victim is not suffering from mental disability as alleged and that the victim has completed Plus Two VHSE and this indicates that she is not intellectually challenged as suggested by the prosecution. It is submitted that since a final report has already been filed after completion of investigation, there is no need to continue the petitioner in custody.