XXX XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Is sec. 21 of the Protection of Children from Sexual Offences Act, 2012 bailable or non-bailable? The said question arises for consideration in this application for anticipatory bail filed under sec. 438 of the Code of Criminal Procedure, 1973.

(2.) Petitioners are accused 2 to 4 in Crime No.425 of 2022 of Cheruthuruthi Police Station. Initially, there was only one accused against whom offences punishable under Sec. 376(2)(n) and 376AB of the Indian Penal Code, 1860, apart from Sec. 4, 3(b), 3(d), 6(1), 5(f), 5(l) and 5(m) of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') are alleged. Later, an additional report was filed, arraying petitioners as accused 2 to 4, after including sec. 21 of the POCSO Act as committed by them

(3.) Prosecution alleges that in the month of May 2022, the first accused took the victim, aged 9 years, to the bathroom of a Yathimkhana, and sexually assaulted the minor girl by sucking and inserting his finger into her private parts and repeated the offensive conduct on many days. Petitioners are alleged to have failed to report the offence even after becoming aware of the said offensive conduct.