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2013 Supreme(Ker) 929

P.BHAVADASAN
Baby – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:K.J. Mohammad Anzar and A.D. Suresh Babu, Advocates
For the Respondents: Dhanesh Mathew Manjooran, PP.

ORDER :

P. Bhavadasan, J.

This bail application reveals the shocking state of affairs in the State of Kerala with regard to the implementation of Protection of Children from Sexual Offences Act, 2012. One is shocked to see the manner in which the act is being implemented and how the life of the persons are being played with at ease.

2. Now on to the facts:-

The petitioner is the first accused in Crime No. 949 of 2013 of Vadakkeakkara Police Station who is alleged to have committed offences punishable under Sections 5 read with 6 and 9 read with 10 of the Protection of Children from Sexual Offences Act, 2012.

3. The petitioner is alleged to have committed repeated rapes on the victim and he is alleged to have concealed the same.

4. The petitioner says that he has been falsely implicated. According to him, while the three children of one Ponnamma, after the death of their mother, were staying with the second accused and her husband. It so happened that the children were being ill-treated and the petitioner and his wife used to intervene and try to prevent child abuse. On a particular day, in the night, hearing the cries of the child from the house they were staying, the petitioner and his













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