RAJESH @ KUTTAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the first accused in Crime No.391/2016 of the Chalissery Police Station, registered under Sections 376(D) r/w 34 of the Indian Penal Code. This is his third application for regular bail under Section 439 of the Code of Criminal Procedure. His first application was dismissed by this Court on 24.10.2016 and the second application was dismissed on 22.11.2016. He has been in judicial custody since 1.10.2016.

(2.) The victim of offence in this case is a grown up lady aged 34 years, having husband and children. The prosecution case is that on 12.7.2016 and 13.7.2016, and on some subsequent dates also, eleven persons including this petitioner subjected the victim to violent sex under threat at her residence despite resistance made by her. She is a lady having some mental abnormality, and she has been undergoing treatment for about 4 1/2 years.

(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.