BASHEER Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.326 of 2016 of the Mannarkkad Police Station registered under Sections 363 and 366A of the Indian Penal Code, and under Section 11(6) and 12 of the Protection of Children from Sexual Offences Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the Court of Session(Special Court), Palakkad. The petitioner has been in judicial custody since 16.04.2016. This is the second application made by the petitioner. His first application was dismissed by this Court on 30.5.2016.

(2.) The prosecution case is that at about 5.30 pm on 1.6.2016, the this petitioner and the co -accused kidnapped a girl aged 12 years with the object of subjecting her to sexual intercourse, but somehow the girl escaped from their custody. The incident happened on 15.4.2016. On a perusal of the Case Diary, I find materials B.A No.4235 of 2016 substantiating the prosecution allegation. This is not merely an attempt to kidnap, as the learned counsel would submit. The girl was allegedly taken by force to a certain distance, and before the accused could take her into the autorikshaw arranged by them, she escaped from their custody.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.