PRATHEESH@ ANKI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the sole accused in Crime No.265/2022 of Mararikulam Police Station, Alappuzha. The offences alleged against the petitioner are under Ss. 354D and 500 of the Indian Penal Code and Sec. 11(iv) r/w. Sec. 12 of the Protection of Children from Sexual Offence Act, 2012 (for short, 'the POCSO Act'). The accused was arrested on 20/3/2022 and has been in jail till date.

(3.) Smt.M.A.Sulfia, the learned counsel for the petitioner submitted that the allegations under the POCSO Act will not lie against the petitioner since there is no whisper of any such offence in the statement given by the victim and the same is incorporated only for denying the grant of bail to the petitioner. It is further submitted that since the petitioner has been in custody for the last more than sixty days, he should be enlarged on bail.