XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is the accused in Crime No.228 of 2022 of Kunnamkulam Police Station, Thrissur District, alleging commission of offences under Ss. 354 and 354A(1)(i) of Indian Penal Code and Ss. 10, 9n and 9p of the POCSO Act. The allegation against the petitioner is that he attempted to sexually assault and molest the victim, who is none other than the daughter of his brother.

(3.) When this matter was taken up for consideration today, it was submitted by the learned counsel for the petitioner that the allegations were made on the basis of some misunderstanding and that the mother of the victim (who is also represented to this Court through Counsel) has filed an affidavit stating that the complaint was given on the basis of some misunderstanding. It is the case of the learned counsel for the petitioner that when the victim was playing badminton on the alleged date of incident, the badminton shuttle had become lodged on the terrace of the petitioner's house and the petitioner had only helped the victim to retrieve the same. It is submitted that the petitioner had never molested or assaulted the victim with any sexual intent. It is also suggested that the victim was a bad student in school and it is only to get over that predicament that an allegation was raised that she was performing badly on account of the alleged behaviour on the part of the petitioner.