JUDGMENT :

The appellant is the sole accused in Crime No.1441/2020 of Peroorkada Police Station registered for the offences punishable under Sections 354A(1)(i) of IPC, Section 8 r/w 7, 10 r/w 9(I) of the POCSO Act, 2012 and Section 3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015).

2. The prosecution allegation can be briefly stated thus:-

The appellant was the tuition teacher of the victim girl aged 17 years. The appellant committed aggravated sexual assault against the victim twice. The victim belongs to Scheduled Caste community whereas the appellant is not a member of Schedule Caste or Scheduled Tribe.

3. The appellant was arrested on 12.03.2021 and ever since he has been in custody.

4. The appellant filed Crl.M.P.No.296/2021 under Section 439 Cr.P.C. The court below as per the order impugned, dismissed the said application against which this criminal appeal has been filed.

5. Heard.

6. The learned Public Prosecutor has no serious objection in granting bail to the petitioner. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. It has been further submitt