VAISH MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

(2.) Petitioner is the accused in Crime No.311 of 2020 of Thenhipalam Police Station, Malappuram. The above case is registered against the petitioner alleging offence punishable under Sections 376(2)(m) , 506 IPC and Section 5(l), 6, 7, 8, 11(v), 12, 13(a), 13(b), 14(1), 14(3), 15 of the POCSO Act and Section 66E of the Information Technology Act.

(3.) The prosecution case is that on 7.4.2019, the accused enticed the minor girl aged 17 years to the Sarovaram Park at Kozhikode and then committed sexual harassment. It is also alleged that in the second week of February, 2020 the accused came to the residential house of the victim and had sexual intercourse from the courtyard of the house without her knowledge and consent. On the next day at about 9 am the accused again came to the house of the victim and committed sexual harassment. It is alleged that the petitioner took video of the minor in undressed manner. He also threatened to kill the victim with ulterior object.