ISMAIL Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is the sole accused in Crime No.415/2023 of Ollur Police Station. The offences alleged against the petitioner are punishable under Ss. 341, 323, 376(2)(n), 506(i), 354A and 354B of the Indian Penal Code.

(3.) The prosecution case is that, during the period from May 2022 to 17/4/2023, the accused had forceful sexual intercourse with the defacto complainant and thereby committed the offences. According to the defacto complainant, the petitioner was the friend of the defacto complainant, and being aware of the fact that the defacto complainant was not in good terms with her husband, he entered into a relationship and thereby took her to various places and committed the sexual assault. It is also alleged that, on some occasions, the defacto complainant was forced to consume MDMA. The crime was registered on the basis of the information furnished by the defacto complainant and as part of the investigation, the petitioner was arrested on 20/4/2023. Since then, he has been under judicial detention. Even though, the petitioner submitted an application for bail, the same was dismissed as per Annexure A3 order on 25/5/2023.