THOMAS THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.797 of 2016 of the Kalloorkad Police Station, registered under Sections 451 and 376 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's second application for bail. His first application was dismissed by this Court on 3.11.2016. The petitioner has been in judicial custody since 12.10.2016.

(2.) The victim of offence in this case is a lady aged 30 years. She is a native of Odisha. She came here few years back as house made in the house of one Rosakutty. The prosecution case is that at about 6.30 p.m on 23.8.2016 when Rosakutty was away from the house, the petitioner herein, who came there for some works, trespassed into the kitchen of the house where the victim was doing her works, overpowered her and subjected her to sexual intercourse at the kitchen of the house. The defence B.A No. 8241 of 2016 case is that the petitioner and the victim had frequent contacts for years through mobile phone, and that the alleged sexual intercourse was consensual.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.