C K MUHAMMED JASEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of Cr.P.C.

(2.) The applicant is the sole accused in Crime No.630/2020 of Mattannur Police Station for having allegedly committed the offences punishable under Sections 388 and 506(i) of the I.P.C. and under Section 4 read with Section 3(c) of the Protection of Children from Sexual Offences Act (POCSO Act). The applicant was arrested on 24.07.2020 and he seeks regular bail.

(3.) The prosecution case, in brief, is that on 20.06.2020, the applicant had allegedly committed unnatural offence and penetrative sexual assault on the victim, who is a 13 year old boy. The victim's father had allegedly contacted the Childline Centre and subsequently the matter was informed to the Police, in consequence of which the crime was registered. It is alleged that the incident took place in a toilet inside the compound of a hotel at a place called "19 th Mile". The applicant states that he is innocent, he has no other criminal antecedents and he is only 20 year old and that the entire allegations are false. It is stated that a similar incident had allegedly taken place on 19.06.2020 concerning the very same victim and he was allegedly sexually assaulted by a person named Siraj and in consequence of which Crime No.623/2020 as lodged against the said Siraj on 26.06.2020 in Mattannur Police Station. Even then, crime against the applicant was not registered and ultimately it was registered only on 02.07.2020. The delay, according to the applicant is very crucial. It is stated that the applicant is the leader of a youth organization and because of the action taken against him for registering the crime against Siraj, the applicant has been deliberately implicated in this crime also. He was arrested on 24.07.2020 and has been in custody for about 58 days, and therefore, seeks regular bail.