NEPTUNE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in Crime No.438/2019 of Alappuzha South Police Station, which has been registered for offences punishable under Sections 7 and 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012 on the basis of the First Information Statement given by the father of the minor victim girl aged, 9 years, given on 19.3.2019 at about 9.30 a.m in respect of the alleged incidents which have happened on 15.3.2019 at about 12.10 noon. The petitioner has been arrested on 6.6.2019 in relation to the present crime and has been under judicial custody since then.

(2.) The prosecution case in short is that, with the sexual intention, the petitioner/accused, aged 29 years had removed three buttons from the uniform of the minor victim girl, aged 9 years and touched her stomach in a prayer hall of a church in the place in question, on 15.3.2019 a about 12.10 noon. Subsequently, the petitioner has been involved in two other similar crimes, Crime Nos.878 and 879 of 2019, both of Alappuzha South Police Station for similar offences and he was arrested in connection with one of the said crimes and later his arrest in the present crime was also formally recorded on 6.6.2019. After the remand of the petitioner in the other two subsequent crimes, he has already been ordered to release on regular bail in respect of Crime Nos.878 and 879 of Alappuzha Police Station.

(3.) The learned counsel for the petitioner would submit that the above said allegations have been falsely foisted on the petitioner and that, at any rate, further detention of the petitioner is not warranted as he has already suffered detention in this case since the last 56 days and that the petitioner may be ordered to be released to release on regular bail subject to stringent conditions that may be imposed by this Court.