MOHD.SHADAB Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail

(2.) The petitioner is first accused in Crime No.148/2023 of Railway Police Station, Kottayam District alleging commission of offences under Ss. 341, 354, 354 A(1)(i) and 34 of the Indian Penal Code. The petitioner was arrested on 14/7/2023. The allegation against the petitioner and the other accused is that, with an intention to outrage the modesty of the defacto complainant and her friend, the petitioner and the other accused restrained the defacto complainant and her friend, when they gone to the bathroom of the general compartment of Train No.12625 (Kerala Express) at about the time when the train reached the Vaikom junction and used criminal force against them with sexual intend and thereby outraged the modesty of the defacto compartment and her friend.

(3.) The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there was a dispute between the petitioner and the other accused and the defacto complainant and her friend regarding occupation of seats in the general compartment and on account of the same a false complaint had been filed against the petitioner and the other accused. It is submitted that the petitioner has been in custody for nearly 53 days and further detention of the petitioner at any rate is not necessary in the facts and circumstances of the case.