(1.) This is an application for regular bail filed under Sec. 439 of Code of Criminal Procedure, 1973.
(2.) Petitioners are accused Nos. 3 and 5 in Crime No.1395 of 2020 of Poojappura Police Station, Thiruvananthapuram District. The offences alleged against the petitioners are punishable under Ss. 363, 366, 341, 506 r/w Sec. 34 of the Indian Penal Code,1860 and Sec. 3 r/w Sec. 4, Sec. 16 r/w Sec. 17, Sec. 19(1)b r/w Sec. 21 of the Protection Of Children from Sexual Offences Act, 2012 apart from Sec. 9 of the Prohibition of Child Marriage Act, 2006.
(3.) According to the prosecution, between 31/7/2020 and 4/8/2020, 1st accused kidnapped a minor victim from the guardianship of her parents and committed aggravated penetrative sexual assault on her while the other accused gave assistance and wrongfully restrained the defacto complainant and thereby committed the offences alleged.