BINESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail under Sec. 439 of Code of Criminal Procedure, 1973.

(2.) Petitioner is the accused in S.C.No.522/2022 on the files of the Sessions Court, Thrissur. The offenses alleged against him are under Ss. 366A and 376 of the Indian Penal Code, 1860.

(3.) The prosecution case is that petitioner and the victim, a girl of sixteen years, were in love and he brought her to his house on 18/2/2009 and committed rape on her. After the final report was filed, petitioner absconded and later petitioner was arrested in another case and produced under a production warrant. The case before the Sessions Court was refiled as S.C.No.522/2022.Thus the petitioner was arrested on 5/4/2022 and has been in custody since then.