DANUSH 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 sole accused in Crime No.529/2023 of Erumely Police Station. The offences alleged against the petitioner are punishable under Ss. 366A, 376, 376(2)(n) of the Indian Penal Code and Ss. 4(1) read with sec. 3(a), 6 read with Sec. 5(l), 12 read with Sec. 11(i) of the POCSO Act.

(3.) The prosecution case is that on 20/4/2023, the accused kidnapped the victim girl, who was aged 17 1/2 years at the relevant time, from the lawful custody of her guardians, took her to a lodge near Medical College, Kottayam and had sexual intercourse with her. It is also alleged that such sexual acts were repeated on several occasions. The crime was registered on 28/4/2023 in connection with the same, consequent to which the petitioner surrendered before the Investigating Officer on 5/5/2023. Since then, he has been under judicial detention, this application for regular bail is submitted in such circumstances.