Walayar Rape-Death Case: Prime Accused Move Kerala High Court Seeking Bail

The prime accused in the infamous Walayar case that had built up public outrage in the State have moved bail applications before the Kerala High Court. 

Justice P. Gopinath will hear the applications on Monday.

Advocate Sadik Ismayil appearing on behalf of the applicants submitted that the Central Bureau of Investigation was planning to submit a statement in the matter, and sought some more time for the same.

ASG P. Vijayakumar will appear for CBI. He did not appear in the case today. 

Accordingly, the matter has been posted to Monday. 

The case involves the unnatural death of two minor Dalit sisters aged 13 years and 9 years on January 13 and March 4, 2017, respectively in Walayar district in Kerala.

The incident came to light after they were found hanging in their one-room house on the respective dates. Post mortem reports disclosed that they were subjected to rape before their deaths.  

As per the police case, the girls committed suicide out of intolerable pain and agony caused by the multiple instances of unnatural sex committed on them by the accused. 

There were five accused in the case, namely, Madhu alias Valiya Madhu, Madhu M. alias Kutti Madhu, Shibu, Pradeep Kumar M and a minor aged 16 at the time of the offence.

However, the fourth accused Pradeep Kumar allegedly died by suicide in November 2020. 

Later on, in a move that infuriated the entire State, a special POCSO court acquitted three of the accused citing a weak case presented by the prosecution. This had sparked a storm of protests in the State with civil society organisations and Opposition parties decrying the police investigation and political interference in the case.

The case had also acquired sensational proportions as the police officers who investigated it initially had faced allegations of helping the accused. 

Therefore, the State moved the High Court with appeals seeking a re-investigation in the matter, and the Court set aside the acquittal of the accused, with liberty granted to the prosecution to seek further investigation in the case.

Thereafter, the High Court ordered the Central Bureau of Investigation (CBI) to take up investigation into Walayar rape and death cases

Accordingly, in April this year, the matter was taken up by the Thiruvanathapuram unit of CBI. The CBI thereby filed two separate FIRs in the matter after its probe under the Protection of Children from Sexual Offences (POCSO) Act before a Special Court. 

The FIRs also booked the accused under various sections of the Indian Penal Code (IPC) and the SC/ST (Prevention of Atrocities) Act. They were incarcerated soon. 

The third accused M. Madhu was granted bail by the High Court. 

Later on, Valiya Madhu and Shibu had preferred bail applications before the Additional Sessions Court claiming that they were being incarcerated for more than three months, but they were rejected in June this year.

Also Read: 'Don't Fight A Proxy Battle': Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case

Case Title: Madhu Alias Valiya Madhu v. Central Bureau of Investigation