XXXXXXXXXX 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 arrayed as an accused in Crime No.883/2021 of Vadakkekad Police Station. The offences alleged against the petitioner are under Ss. 376AB, 376(2)(k)(n) of the Indian Penal Code, 1860 and Sec. 4(2) r/w sec. 3(b), sec. 6(1) r/w sec. 5(1)(m)(n), sec. 8 r/w Ss. 7 and 12 r/w sec. 11(iii) of Protection of Children from Sexual Offences Act, 2012.

(3.) The prosecution allegation is that between 26/10/2021 to 30/10/2021, the petitioner, who is the father of the victim committed aggravated penetrative sexual assault by inserting his fingers into the vagina of the victim. It is further alleged that petitioner watched obscene videos on the mobile phone in the presence of the victim.