MUHAMMED ANZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

(2.) The petitioner is the 2nd accused in Crime No.654 of 2020 of Palarivattom Police Station, Ernakulam. The above case is registered against the petitioner and two others alleging offences punishable under Sections 342 , 354 , 354A(i) & (ii), 354B, 366, 376D, 120B r/w Section 34 IPC.

(3.) The admitted prosecution case is that on 20.6.2020 at 10.30 p.m, the de facto complainant went to an apartment at Mamangalam with the accused in this case to celebrate her birthday. According to the de facto complainant, the 1 st accused in this case is her boy friend. According to her, after the birthday celebration, the 1st accused committed rape on her. She says that there was objection from her part. But the 1 st accused forcefully committed rape on her. Thereafter, the 2nd and 3rd accused came to the room and attempted to commit rape. She resisted. Thereafter, the admitted case of the prosecution is that she returned from the apartment along with these accused in a car on the next day morning. Thereafter, a complaint was filed on 24.6.2020 by the victim alleging that the accused in this case committed rape on her. Admittedly, the victim is aged 27.