RAHUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 3rd accused in Crime No.476 of 2016 of the Anchalmmoodu Police Station registered under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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 learned Sessions Judge on 26.4.2016. The petitioner has been in judicial custody since 14.3.2016.

(2.) The prosecution case is that in November, 2015, the petitioner herein somehow enticed a girl aged below 18 years, took her to his house and subjected her to sexual intercourse on a promise that he would marry her, accordingly he married her on 22.11.2015, and after three days he abandoned her and vanished. Then the victim B.A No.3752 of 2016 made a complaint alleging rape against the petitioner.

(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, it will definitely obstruct the investigation.