ORDER :

This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. Petitioners are the 1^st and 3^rd accused in Crime No.173/2025 of Thrikkunnappuzha Police Station, Alappuzha. Now the case is transferred to Alappuzha North Police Station and the case is pending as Crime No.519/2025 The above case is registered against the petitioners alleging offences punishable under Section 376(2)(n), 323, 324, 506 and 34 of the Indian Penal Code.

3. The prosecution case is that the 1^st petitioner/1st accused committed rape on the victim and the 2^nd petitioner who is the 3^rd accused threatened the victim that the video of the victim will be shared in social media. It is also alleged that the 1^st petitioner presented the victim to the 2^nd accused and the 2^nd accused also committed rape on her. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

5. The counsel for the petitioners submitted that, even if the entire allegations are accepted, the offence of rape is not committed. The counsel submitted that, even according to the defacto complainant, the 1^st