XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.229/2021 of Melparamba Police Station, registered under Sections 354A(1)(i) of Indian Penal Code and Sections 8 r/w 7, 10 r/w 9(1), 9(m) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) The prosecution allegation is that the petitioner committed sexual assault and aggravated sexual assault more than once upon the survivor while she was studying in UKG class and also outraged her modesty. Thereby, accused committed the offence as aforementioned. Petitioner was arrested on 09.6.2021 and thereafter he has been under confinement.

(3.) The main contention of the learned counsel for the petitioner is that the petitioner is aged 23 years he has been under confinement from 09.6.2021 on wards. So taking into account the period of confinement already undergone by the petitioner bail has to be granted to him. Learned Public Prosecutor would content that he is involved in another crime and the victim in that case is the sister of the victim in this case.