SARATH PRIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is the 3rd accused in Crime No.1191 of 2023 of Pozhiyoor Police Station, Thiruvananthapuram District, which has been registered alleging commission of offences under Ss. 354A, 323, 341, 506(ii), 376 and 376D read with Sec. 34 of the Indian Penal Code and Ss. 66E, 67 and 67A of the Information Technology Act, 2000. The allegations against the petitioner are as follows:- On 14/7/2023 at about 06.00 P.M, the petitioner / 3rd accused took the de-facto complainant / victim to Pozhiyoor Beach after informing her that there was a function in connection with birthday celebration of the mother of the petitioner / 3rd accused. It is alleged that the petitioner and the victim were accompanied by another friend of theirs by name Maxiline. It is alleged that after reaching the beach, the petitioner / 3rd accused had sexually abused the victim (aged 20) and at that time, accused Nos.1 and 2 had allegedly attacked the petitioner and his friend Maxiline and had committed rape on the victim, leading to registration of the aforesaid crime.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the only allegation against the petitioner is that the petitioner had gone with the victim to Pozhiyoor Beach and had touched her on her private parts. It is submitted that even if this allegation is found to be true, the petitioner cannot be accused of having committed offence under Sec. 376(D) of the Indian Penal Code. It is submitted that a reading of the First Information Statement of the victim itself suggests that the petitioner was not a party to the rape and he had in fact been attacked by accused Nos.1 and 2 in the case. It is submitted that the petitioner has been in custody from 29/11/2023 and the continued detention of the petitioner is not necessary in the facts and circumstances of the case.