XXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Sec. 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.1039 of 2023 of Kalpetta Police Station, Wayanad, registered under Ss. 363, 366, 354, 354(A)(2), 354(B) and 376(3) of Indian Penal Code and Sec. 6 r/w Sec. 5 of POCSO Act.

(2.) The prosecution case is that, on 9/8/2023 as well as on 4/9/2023, the petitioner enticed away the victim girl, aged only 16 years, from the lawful guardianship of her parents, and committed penetrative sexual assault on her.

(3.) Learned counsel for the petitioner would submit that the petitioner was released on bail in a similar crime registered against him, ie. crime No.1033 of 2023 of Kalpetta Police Station, and learned counsel for the petitioner produced a copy of the bail order for perusal of this Court.