MUHAMMED SHAROOQ Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for Regular Bail

(2.) The petitioner is the sole accused in Crime No.755/2023 of Ottapalam Police Station, Palakkad District, alleging commission of offences under Ss. 363, 376, 376(2)(n) and 354-D(1)(ii) of the Indian Penal Code and Ss. 4(i), 3(a), 6(i), 5(1) and 12 r/w Sec. 11(iv) of the Protection of Children from Sexual Offences Act. The allegation against the petitioner is that the petitioner befriended the victim over social media and thereafter, entered into sexual relationship with her and committed rape on her, at the house of the defacto complainant.

(3.) The learned Counsel appearing for the petitioner would submit that the petitioner is aged 25 years and has been in custody from 29/7/2023. It is submitted that the petitioner and the alleged victim were in a romantic relationship and the petitioner was made to believe that the victim had already attained the age of majority. It is submitted that the victim was aged 17 years and 9 months on the date on which the offences are alleged to have been committed. It is submitted that the petitioner has been in custody for 55 days and his further detention is not necessary for the purposes of completing the investigation into Crime No.755/2023 of Ottapalam Police Station. It is also pointed out that on the allegations raised by the same victim yet another case numbered as Crime No.756/2023 has been registered at the Ottapalam Police Station alleging that the victim was sexually assaulted by another person. It is submitted that this Court has granted bail in that case through Annexure-1 order.