SIRAJ N.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the accused in Crime No.500/2022 of Poochakkal Police Station. The offences alleged against the petitioner are under Ss. 376(2)(f), 376AB and 354(a)(1) of IPC, Sec. 4(2) read Sec. 3(e), 6(1) read with 5(m)(n)(e), 8 read with 7, 10 and read with 9(m)(n)(e) of POCSO Act and Sec. 75 of Juvenile Justice Act.

(3.) The prosecution case is that, the petitioner, the father of the victim, a girl aged three years, subject to the victim to penetrative sexual assault, on various occasions, thereby committed the offences. The crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 6/8/2022, and since then the petitioner has been under judicial custody. Even though the petitioner approached the Special Court on earlier occasions for bail, but the said applications were dismissed. This application for regular bail is submitted in such circumstances.