SIVA G. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the accused in Crime No. 579/2022 of Vandanmedu Police Station, which was registered for the offences punishable under Ss. 450, 363, 370 and 376 (2)(n) of the Indian Penal Code and under Sec. 4(1) read with Sec. 3(a) Sec. 6 read with 5(1) of POCSO Act.

(3.) The prosecution case is that, on 24/11/2020 at 2.30 p.m., the petitioner trespassed into the residence of the victim, aged 17 years at the relevant time, and had forceful sexual intercourse with her. Later, the accused enticed the defacto complainant and took her from the lawful guardianship of her parents to her brother's house at Thevaram in the State of Tamil Nadu, thereafter committed rape on her. The crime was registered in such circumstances. As part of the investigation, the petitioner was arrested on 23/8/2022, and since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.