SHAMSUDEEN ASHRAF T. 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.565/2024 of Ponnani Police Station, Malappuram District, of having committed offences punishable under Sec. 376(2) of the Indian Penal Code.

(3.) The gist of the prosecution allegation is that the accused being the divorced husband of the defacto complainant committed sexual intercourse with her, without her consent, from 26/9/2022 for a period of 8 months after divorcing her and thereby committed the aforementioned offences. The petitioner was arrested on 11/5/2024 and has been in judicial custody since then.