The court denied bail for the applicant due to serious allegations of gang rape and robbery, emphasizing the gravity of the offenses and the applicant's non-cooperation.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ) seeking regular bail.

2. The applicant is the accused No.4 in Crime No.160/2025 of Athirappilly Police Station, Thrissur District. The offences alleged are punishable under Sections 70 (1), 74, 75(1)(i) and 309(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) and Section 66E of the Information Technology Act .

3. The prosecution case, in short, is that accused Nos. 1 to 4, acting with common intention and premeditation to sexually assault the survivor and gratify their sexual lust by committing gang rape, on 13.12.2025 at about 21:00 hours, lured the survivor by promising to arrange a rented house for her and thereafter, at about 23:00 hours on the same day, took her to a resort named Greensite at Athirappilly, where she was allegedly given water laced with MDMA to drink. Thereafter, accused Nos.1 to 3 committed gang rape on the defacto complainant, while the applicant bit her lips and caught hold of her breasts. Accused No.3 threatened to record the incident on his mobile phone and circulate the same through social media. Accused No.1 robbed a gold chain and a gold bangle, weighing one sovereign each, from the defacto complainant and in committing the said acts, the accused acted in furtherance of their common intention, mutually encouraging and aiding each other. Thus, the applicant is alleged to have committed the aforementioned offences.

4. I have heard Sri.Manumon A., the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 24.12.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been alleged against the applicant. The victim was brutally gang raped by the applicant and the remaining accused. It is submitted by the learned Senior Public Prosecutor that the applicant has not co-operated with the investigation. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.