NIKHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was the 1st accused in Crime No.613 of 2022 of Ambalavayal Police Station. Later, Crime No.613 of 2022 was merged with Crime No.612 of 2022, wherein the petitioner was shown as the 4th accused. The offences alleged against the petitioner are under Sections 370, 354, 354A (1)(i), 376(2)(n) of IPC, Sec. 3(a) r/w 4, 5(I) r/w 6, 11(v) r/w 12 and Sec.17 of the Protection of Children from Sexual Offences Act, 2012, Sec. 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and also Sec.3(2)(a) r/w 4(2)(c) of the Immoral Traffic (Prevention) Act, 1956.

(2.) Allegations against the accused persons are as follows: The victim, aged 17 years, left home on 21.06.2022 after quarrelling with her mother. Later, she came in contact with the 3rd accused, and he raped her and also used her for prostitution by taking her to different places in different parts of Kerala. In the third week of July, 2022, the 3rd accused brought the child for prostitution and accommodated her in a tourist resort, where the petitioner was working as the manager. It is alleged that the petitioner also committed rape, and he also presented her to some other persons for prostitution. As part of the investigation of the case, the petitioner was arrested on 25.10.2022. Earlier, the bail application submitted before the Special Court (Additional Sessions Court-I), Kalpetta, was dismissed, and this application is submitted in such circumstances.

(3.) Today, when the matter came up for consideration, the learned counsel for the petitioner points out that, even though more than 90 days are over, no final report has been submitted in this case, and therefore, the petitioner is entitled to statutory bail.