SIJO 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. 378/2023 of Anchuthengu Police Station. The offences alleged against the petitioner are punishable under Ss. 366, 376(3) of the Indian Penal Code and Sec. 3(a) read with Sec. 4(3), 7 read with 8 of the Protection of Children from Sexual Offences Act.

(3.) The prosecution case is that, the petitioner had taken the victim, a girl aged 13 years, on 5/6/2023 from the legal custody of her parents, and thereafter had penetrative sexual assault on the victim. The crime was registered in such circumstances and as part of the investigation the petitioner was arrested on 9/6/2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.