MUHAMMED NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the first accused in Crime No.126/2022 of Cherpulassery Police Station, Palakkad District registered for offences under Ss. 363 and 376(1) of the Indian Penal Code, 1860, Sec. 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 4(1) r/w Sec. 3(a), Sec. 12 r/w Sec. 11(vi) of the Protection of Children from Domestic Violence Act, 2005.

(3.) The prosecution case is that on 15/3/2022, the victim was found missing and after registering a child missing case when the investigation was being carried on, it was revealed that the victim was kidnapped from the local guardianship of her parents by the first accused and entrusted her with the 2nd accused who had sexual intercourse with her. Thereafter, the victim was handed over back to the first accused, who again sexually assaulted her after compelling her to consume alcohol and narcotic drugs and thereby the accused committed the offences alleged.