XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.788/2021 of Thamarassery Police station, Kozhikode, which is registered under Section 354 IPC and Section 10 r/w 9(f) of the POCSO Act.

(2.) It is alleged by the prosecution that during February, 2020, de facto complainant at about 8.00 pm came to see the petitioner for getting a permission to go to Palakkad for appearing in IT examination. At that time, the petitioner kissed on her forehead and told her that the petitioner loves the de facto complainant. Thereafter the petitioner called the de facto complainant in the sports room and told her that he loves the de facto complainant. According to the petitioner, he is totally innocent of the charges levelled against him and no such incident actually occurred and there is a long delay of one and half year for registering the crime.

(3.) The learned Public Prosecutor on the other hand vehemently objects in considering the petition in view of the fact that two other crimes, Crime No.780/2021 of Thenjipalam police station and Crime No.17/2015 of Kodencherry police station, are pending against him apart from Crime No.720/2021 of Thamarassery police station. Formal arrest of the petitioner was effected in this case on 3.8.2021 and thereafter he has been under confinement. The learned Public Prosecutor produced copy of FIR and FIS and vehemently objects in considering the bail application for the reason that other crimes are also pending against the petitioner.