ISMAYIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application is filed under Sec. 439 of Cr.P.C.

(2.) The petitioner is the 1st accused in Crime No.98 of 2024 of Kuttiadi Police Station, Kozhikode. The above case is registered against the petitioner alleging offences punishable under Ss. 109, 377 of IPC and Sec. 4(1)(2), 3, 9(1) 16 of the Protection of Children from Sexual Offences Act 2012.

(3.) The prosecution case is that on one day in January 2024 and on one day in September 2023 and also for three days in between these dates, the 1st accused kidnapped the victim minor boy aged 14 years, in a car and a motor cycle and subjected him to penetrative sexual assault. It is submitted that the 1st accused abetted the commission of penetrative sexual assault done by the other four accused on the victim minor boy. Thus the prosecution alleges that the accused committed the aforesaid offences. The petitioner was arrested on 14/2/2024.