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2017 Supreme(Online)(KER) 29721

HIGH COURT OF KERALA
P.UBAID, J
ABDUL NAZAR – Appellant
Versus
STATE OF KERALA    Advocate - ADDL DIRECTOR GENERAL OF PROSECUTION ADDL DIRECTOR GENERAL OF PROSECUTION – Respondent


ORDER

The petitioner herein is the second accused in Crime No. 719 of 2017 of the Vadakkekad Temple Police Station, registered under Sections 376(2)(n) and 506(i) of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the second application for bail. His first application was dismissed by this Court on 03.11.2017. The petitioner has been in judicial custody since 13.10.2017.

2. The victim of offence in this case is a lady aged 31 years. The first accused developed intimacy with her, and he even offered to marry her. The prosecution case is that by some deceitful means, the petitioner herein took the victim to his house saying that the first accused was laid up there, and when she reached there, the first accused subjected her to sexual intercourse by force. The said incident happened on 02.05.2017. The allegation as against the petitioner is that after the first accused satiated his lust, the petitioner threatened her saying that he has videographed the sexual union with the first accused, and compelled her to submit herself to him also. On a perusal of the materials including the statements given by the victim under Section 164

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