XXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is the accused in Crime No.594 of 2023 of Malayinkeezhu Police Station, Thiruvananthapuram District, alleging commission of offences under Ss. 451 and 354(A) of the Indian Penal Code and Sec. 7 read with Sec. 8 and Sec. 9(m)(n) read with Sec. 10 of the POCSO Act. The allegation against the petitioner is that the petitioner, who is the immediate neighbour and also a relative of the victim aged 5 years, had visited the house of the victim on the pretext of visiting her grandfather and had thereafter placed the victim on his lap and had touched her inappropriately on her private parts and thereby he is alleged to have committed the offences under the aforesaid provisions of law.

(3.) The learned counsel appearing for the petitioner would submit that pursuant to the order dtd. 14/8/2023 in anticipatory Bail Application No.5104 of 2023, the petitioner had surrendered before the Investigating Officer and he had been remanded by the Additional Sessions Court (for the Trial of cases relating to Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram on 4/9/2023. It is submitted that the petitioner has, therefore, been in custody for 50 days and considering the nature of the allegations, the petitioner may be directed to be released on bail.