ANU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1260/2019 of Kulathupuzha Police Station, Kollam district, now registered for offences punishable under Secs.363 and 366A of the I.P.C . The crime was initially registered on 24.11.2019 at about 4:30 p.m. under Sec.57 of the Kerala Police Act as a "person missing case" of a girl aged 15 years, pursuant to the complaint given by her mother on that day. It appears that the Police in the course of investigation has traced out the minor victim girl on the same day in the company of the petitioner. Later, the Police has altered the offence to those as mentioned hereinabove. The petitioner has been arrested in this case on 25.11.2019 and after his remand, he is under detention since then.

(2.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and even according to the minor victim girl there is a love affair between the petitioner aged 24 years and the minor victim girl aged 15 years and she had voluntarily gone along with the petitioner and even according to the statement recorded by the Police, from the minor victim girl, there is no case of the prosecution that there is any element of sexual assault or penetrative sexual assault in this case. Accordingly, it is urged that taking into account the fact that the petitioner has already suffered detention for the last 23 days, his continued detention may not be necessary and this Court may order to release the petitioner on regular bail subject to any stringent conditions.

(3.) The learned Prosecutor has opposed the grant of regular bail and would submit that there is strong possibility of the petitioner repeating the very same offence and taking away the girl and he is likely to intimidate and influence the minor victim girl, if he is let out of on bail.