DEVADAS AND OTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioners herein are the accused Nos.1 and 2 in S.C. No.843 of 2015 on the file of the Special Court for Trial of Offences under POCSO Act & Childrens' Court (Additional Sessions Court-I) Alappuzha.

(3.) The 1st petitioner is the husband of the 2nd petitioner. The former husband of the 2nd petitioner expired way back and thereafter she had married the 1st petitioner. The 2nd petitioner had a child from her earlier marriage. She was aged 13 years. While residing together, the 1st petitioner is alleged to have committed penetrative sexual assault on the victim. The prosecution alleges that the 2nd petitioner had actively aided the acts of the 1st petitioner. Various other grave allegations are also levelled. However, by order dated 31.3.2014 in Crl.M.P. No.1198 of 2014, the learned Sessions Judge had granted bail to the 2nd petitioner. Thereafter, statutory bail was grated to the 1st petitioner by the Court of Sessions by order date 17.6.2014 in Crl.M.P. No.2188 of 2014.