(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.446/2023 of Beypore Police Station, Kozhikode registered under Ss. 363 and 376 of IPC and Ss. 6 r/w 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
(2.) The prosecution allegation is that, in March, 2023 the petitioner kidnapped the victim a minor girl aged 17 years from the lawful guardianship of her parents, and subjected her to penetrative sexual assault, and rape at Sarovaram Park, Kozhikode. As a result, she became pregnant and delivered a child.
(3.) Heard learned counsel for the petitioner and learned Public Prosecutor.