XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed with a prayer to grant bail to the petitioner and release her forthwith.

(2.) The petitioner was the accused in Crime No.585/2020 of Manjeshwaram Police Station Kasaragod leading to SC No.244/2021 on the files of the Fast Track Special Court (Rape and POCSO), Hosdurg (for short, the court below). The offence alleged are punishable under Sec. 376, 354A(1)(i), 370(A)(1), 370(4), 366A, 119, 114 of IPC and Sec. 7,12 r/w 11(vi), 17 r/w 16, 18 r/w 3 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The petitioner was arrested during the crime stage on 13/10/2020 and since then, she is in judicial custody. Altogether 8 crimes were registered against her. Out of which, she was granted bail in three cases. In the remaining five cases including the one above, she was tendered pardon by the Chief Judicial Magistrate Court, Kasaragod invoking power under sec. 366(1) of Cr.P.C. Thereafter she was made as second witness (CW2) in those crimes. The common allegation in all the crimes against the petitioner is that she abetted the main accused in committing sexual assault against the victim. The petitioner is the elder sister of the victim. Since there is a bar under sec. 306(4)(b) of Cr.P.C, the petitioner has moved the above petition seeking bail invoking sec. 482 of Cr.P.C.