SAMSON JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications for regular bail under Sec. 439 of Cr.P.C.

(2.) Petitioner in BA No. 4356/2022 is the first accused while petitioner in BA No. 4316/2022 is the second accused in Crime No. 524 of 2022 of Palluruthy Police Station, Ernakulam. The offences alleged against them are under Ss. 354A(1)(i), 354A(2), 376(2)(n), 376(3) and 506 of the Indian Penal Code and Sec. 4(2) r/w Sec. 3(a) S.6 r/w Sec. 5(l) S.8 r/w Sec. 7 of the Protection of Children from Sexual Offences Act, 2012. The third accused in the case is yet to be arrested.

(3.) The prosecution case is that, on 9/10/2019 the 1st accused committed penetrative sexual assault on the defacto complainant at her house which was repeated on two other occasions in January and March of 2020. Thereafter, the 2nd accused under the promise of marriage committed sexual intercourse with the victim several times between 6/12/2021 to 17/1/2022 and thereby both accused committed the offences alleged against them. The 3rd accused is another person and as mentioned earlier has not yet been arrested and is alleged to be staying abroad.