KOCHU RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code .

(2.) The petitioner is the accused in crime No. 152/2023 of Neyyar Dam Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 363, 354A(1)(i), 354(A)(1)(ii) IPC and Secs. 8 r/w 7 of POCSO Act.

(3.) The prosecution case is that the defacto complainant is a minor girl aged 17 years and studying in plus one course. It is alleged that on 24/2/2023 at about 8.15 am, when she was waiting for bus after tuition, the petitioner came there in his motor cycle and insisted to go with him in his motor cycle and when the victim refused the request of the petitioner, it is alleged that the petitioner compelled her and due to his compulsion, she go with him. While travelling in the motor cycle, it is alleged that the petitioner touched the private parts of the victim and hence, committed the offence. The petitioner was arrested and produced before the court below on 25/2/2023. the counsel for the petitioner submitted that the petitioner is in custody from 25/2/2023 onwards. The counsel submitted that the petitioner has not committed any offence and the complaint is filed based on a wrongful notion. It is also submitted that the petitioner is ready to abide any conditions if this Court grants him bail.