14-APR-2014
KOCHI: The high court of Kerala has granted bail to two men, who were accused 
of raping a woman after the police reported that the alleged victim has been 
suffering from schizophrenia. The woman had later accused two others of 
violating her, the police said.

Justice N K Balakrishnan granted bail to Kakkadampoyil, Kozhikode natives Roy T 
M (33) and Anil C S (19). The woman, belonging to a scheduled caste, complained 
to police on April 5, 2013, that the duo trespassed into her house and raped 
her on two-three occasions.
Advocate S Nirmal, who appeared for the accused, submitted that the woman was 
mentally ill and had been inconsistent in her statement.
Following a petition by Roy and his advocate's argument, the high court sought 
a report from the sub-inspector of Thiruvambady police station. The officer 
reported that the woman has been under treatment for schizophrenia, and lacked 
normal intelligence.
The police also stated that the woman had retracted her initial statement and 
named two others as her alleged tormentors.
The petitioners' counsel submitted that as the accused were booked under 
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and rape, 
it was not possible to get bail from the magistrate or sessions court.
Granting bail to the duo, the court, referring to the police report, held that 
the complainant was not consistent regarding those who had raped her. The court 
also expressed doubt whether she had been really raped or if it was just some 
sort of hallucination.
The accused were granted bail on conditions of executing a bond of Rs 25,000 
each with two solvent sureties. They were also ordered to surrender their 
passports.

http://timesofindia.indiatimes.com/city/kochi/Bail-for-men-accused-of-raping-dalit-woman/articleshow/33712903.cms

                                                                                
  

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