RAMESHAN A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos. 1 and 2 in the instant Crime No.266/2019 of Bekal Police Station, which has been registered for offences punishable under Secs. 341, 323, 294(b) r/w 34 of the IPC and Secs.7 r/w 8 of the POCSO Act, 2012.

(2.) The brief of the prosecution case in relation to the abovesaid crime is that, on 4.6.2019 at about 4 pm, the 1st petitioner aged 43 years and 2nd petitioner aged 40 years had wrongly restrained the minor victim boy aged 13 years at the Canteen varanda of Ranjees Theatre at Pallam in Udma Village, and that A-1 had raised the trousers of the victim boy and massaged his thighs and A-2 had hugged him when the minor victim boy tried to escape and also pulled him and used obscene words against him and thereby committed the abovesaid offences. The 1st petitioner (A-1) was arrested on 4.6.2019 and the 2nd petitioner (A-2) was arrested on 5.6.2019 in relation to the abovesaid crime and they have been under judicial custody since then.

(3.) Counsel for the petitioners would point out that, the abovesaild allegations have been falsely foisted on the petitioners, and at any rate going by the nature of the allegations, it does not involve any offence of penetrative sexual assault, etc and that the continued detention of the petitioner is no longer necessary in view of the fact that they have suffered detention for the last more than 35 days.