EBRAHIMKUTTY UPPALAKANDY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.766/2023 of Pariyaram Medical College Police Station, Kannur alleging alleging commission of offences under Sec. 354 A (l) (i) of the Indian Penal Code and Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The allegation against the petitioner is that on 26/7/2023 at about 5.45 p.m when the minor victim girl aged 17 years was traveling in a bus, the petitioner had sexually assaulted her by repeatedly nudging her on her right breast and stomach with his elbow with sexual intent and thereby he outraged her modesty.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is suffering from schizophrenia and has been under treatment from the year 1986 as is evident from Annexure-A1. It is submitted that the petitioner has been in custody from 26/7/2023 and has completed more than 40 days in custody. It is submitted that further detention of the petitioner is not necessary in the facts and circumstances of the case.