EMMANUEL K.B. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by the sole accused in Crime No.96 of 2024 of Erattupettah Police Station, under Sec. 439 of the Code of Criminal Procedure.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary and report of the Investigating Officer placed by the learned Public Prosecutor.

(3.) In this case the prosecution alleges commission of offences punishable under Ss. 450, 354, 354A(1)(i), 354B, 376, 376(2) (n), 376(3) of the Indian Penal Code and Ss. 4(2) r/w 3(a), 6 r/w 5(l), 8 r/w 7, 12 r/w 11(iv) of Protection of Children from Sexual Offences Act ('POCSO Act' for short). The specific allegation is that the accused herein with intention to commit aggravated sexual assault against the minor victim, aged 15 years one month and 9 days contacted the victim through telephone continuously. Thereafter, the accused trespassed upon the rental house where the victim was staying and subjected her to rape and aggravated sexual assault.