SIRAJUDHEEN O. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.2 in the instant Anx-A1 Crime No.647/2018 of Mukkom Police Station, Kozhikode, which has been registered for offences punishable under Secs.109, 363, 376(2)(i) and 506 read with Sec.34 of the IPC. Initially, pursuant to the First Information Statement given by the lady victim, Crime No.273/2018 of Areakkode Police Station was registered for the very same offences and some of the incidents narrated in the FIS related to events which are taken place within the limits of the Mukkom Police Station and some of the allegations in the FIS related to incidents which happened within the limits of Areakkode Police Station and the crime to the extent it relate to the incident in relation to the incidents, which have taken place within the limits of Mukkom Police Station has been re-registered as the Anx-A1 Crime No.647/2018 of Mukkom Police Station, Kozhikode. Whereas, the crime in relation to the incidents which related to the Areakkode Police limits has been re-registered as Anx-A2 Crime No.274/2018 of Areakkode Police Station.

(2.) The prosecution case in short is that the lady de facto complainant in this case is a married woman aged 34 years having three children and her husband is working in a gulf country. She would allege that she became acquainted with one Joshy (A1) who in turn introduced her to a lady by name Bushara. She had gone along with the said Bushara to a house at Mampetta where the petitioner Joshy (A1) was also there and later he subjected to rape. Further, she would allege that some other persons have also approached her for sexual intercourse and she was threatened not to disclose the incident to any other person. Further, she would allege that thereafter one Abdul Rahman @ Mujeeb had approached her and offered to provide solace and that she had disclosed the entire incidents to him and Abdul Rahman had also subjected her to sexual intercourse by threatening and later she became pregnant and she informed the said aspect to Abdul Rahman and he instructed her to take some medicine to cause miscarriage. Ultimately, she delivered a child on 09.08.2018 and her husband came to know about the said incident.

(3.) Further the lady de facto complainant would allege that, she was taken to different places and some of the incidents have taken place within the territorial limits of Mukkom Police Station, Kozhikode district, the other incidents have taken place within the limits of Areakkode Police Station, Malappuram district and accordingly, the instant Crime No.647/2018 was registered by the Mukkom police and Crime No.274/2018 was registered by the Areakkode police in Kozhikode district. The main accused in the instant crime (accused No.1 in Crime No.647/2018 of Mukkom Police Station) has already been granted anticipatory bail by this Court as per Anx-A4 order dated 09.04.2019 in B.A.No.2199/2019. Anx-A4 order dated 09.04.2019 in B.A.No.2199/2019 was granted mainly in view of the reasonings rendered by this Court in the grant of anticipatory bail ordered by this Court in B.A No.8167/2018 to accused No.3 in Anx-A2 Crime No.274/2018 of Areakkode Police Station. This Court as per Anx-A3 order dated 17.12.2018 in B.A No.8167/2018 has found that it is not safe to rely on the statement of the lady de facto complainant at the stage of the bail consideration, as it is full of embellishments from her earlier statements and further that the issue as to whether her allegation would constitute a case of rape or it is only one amounting to consensual sexual intercourse could be arrived only after meticulous probe by the investigation agency.