MADHUSUDHANAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused allegedly involved in Crime No.794 of 2018 of Nooranad Police Station, Alappuzha District. The offences alleged as committed by the petitioner are those punishable under Sections 376 and 420 IPC read with Section 34 of the Indian Penal Code. Apart from the petitioner, another person is also involved in the crime.

(2.) The allegation of the prosecution was that a lady named Lekha Sudhakaran, aged 45 years, had lodged an FIS before the Nooranad Police Station alleging that she was subjected to rape by the 1 st accused in the year 2005. According to her, she was brought to Surat by the 1st accused under the guise that an interview is scheduled to be held there for obtaining a job. But, she was not made to attend the interview, rather, she was raped by the 1 st accused and sent back.

(3.) The further allegation of the defacto complainant was that when she was in dire need of a job for her sustenance, at the intervention of the 1 st accused, the 2nd accused was introduced to her and accordingly on the promise made by the latter, she went to Muscat. There, she was called for attending the duty of housemaid in the house of the 2nd accused, in the absence of the permanent one and on those days, she was subjected to rape by him. This repeated for several times and when the matter was let known to her sister, the 2 nd accused sent her back to her native place. According to her, the second incident was occurred in the month of June, 2018 and immediately after returning from Muscat, she lodged the FIS and got the crime in question registered. The investigation is proceeding in the matter. Out of his apprehension that he would be arrested based on the allegations in the crime, he has approached this Court for obtaining the relief of bail.