LAWS(KER)-2019-11-87

SANEESH JOSY Vs. STATE OF KERALA

Decided On November 07, 2019
Saneesh Josy Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner herein has been initially arrayed as accused No.3 in the instant Crime No.155/2019 of Munambam Police Station, which has been registered for offences punishable under Secs.377, 506(ii) and 34 of the IPC and Sec.3(a)(d) r/w 4, Sec.5(g) (l) (m) r/w Sec.6, Sec.7 r/w Sec.8 and Sec.9(g) (l)(m) r/w Sec. 10 of the POCSO Act, on the basis of FIS given by minor victim boy on 16.2.2019 at about 3.30 pm, in respect of the alleged incidents which have happened for the period from January, 2018 to January, 2019. Some of the persons who were originally arrayed as accused are juveniles and their case is being separately dealt with by the Juvenile Justice Board concerned.

(2.) The prosecution case in short is that, the minor victim boy aged 11 years was frequently sexually assaulted by the petitioner and other two juveniles for the period from January 2018 to January, 2019, and that they had threatened the minor victim boy by showing a knife, and that the petitioner had forcefully introduced his male genital organ into the mouth of the minor victim boy, and thereby he has committed penetrative sexual assault on the minor victim boy and has also committed offence as per Sec.377 of the IPC, etc. It appears that all the three accused persons, including the two juveniles have also done the very same act on the minor victim boy on many occasions. The petitioner has been arrested in this case on 24.6.2019, and after remand, has been under judicial custody since then.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are all false and baseless and further that as the petitioner has already suffered detention for the last 136 days, his further detention may not be necessary and that this Court may order to release him on regular bail subject to stringent conditions. Further it is pointed out that the petitioner herein has been arrayed as sole accused in Crime No.163/2019 of Munnambam Police Station, for offences punishable under Secs.376(1) and 506 of the IPC and Secs.5 and 6 of the POCSO Act, 2012, and in that case also the arrest of the petitioner has been effected 24.6.2019, and that this Court had ordered to release him on regular bail in that case as per Anx.A6 order dated 25.10.2019 in B.A.No.7551/2019.