SREEKUMARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The instant application is one for regular bail preferred by the sole accused in Crime No.572/2022 of Nedumangad Police Station. The offences alleged are under Ss. 451, 354 and 354(a)(1)(i) of the Penal Code read with Ss. 7 and 8 of the Protection of Children from Sexual Offences Act (POCSO Act). Offence under Sec. 3(1),w(i), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also added subsequently.

(2.) The prosecution would allege that the petitioner trespassed into the house of the defacto complainant some time prior to the lock down, in the year 2020, at about 4 p.m, when the de facto complainant returned from School. While she was changing her dress, the petitioner caught hold of her breasts and held her close to his chest, thus committing the offences enumerated above.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. In tune with the requirements of Sec. 15 A(3) and (5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, notice was directed to be served on the victim through the Station House Officer concerned. Accordingly, notice was served on the victim and a memo to that effect dtd. 13/5/2022 is handed over by the learned Public Prosecutor to this Court. However, the defacto complainant is neither present; nor is there any representation for her.