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2025 Supreme(Ker) 543

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Navas S/o Shamsudheen – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. SREERAJ M.D. NEELANJANA NAIR
For the Respondent: SRI.G.SUDHEER, P.P.

ORDER :

(P.V. KUNHIKRISHNAN, J.)

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.

2. The petitioner is the accused in Crime No. 200/2025 of Kundara Police Station. The above case is registered against the petitioner alleging offences punishable under Sec. 75(1) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ) and Secs.7, 8, 9l and 9m of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

3. The prosecution case is that on 25.01.2025, the petitioner committed aggravated sexual assault on the victim aged 4 ½ years of age by touching her breast and vagina. Thus the accused said to have committed the offences.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that it is a false case foisted against the petitioner. The counsel submitted that the victim's grandmother is in rivalry with the accused. The accused's wife once had an issue with the victim's grandmother's son and when the accused's wife went to their home to complaint about it, she was attacked. The accused's wife went to the police station to make a complaint and later, she withdrew the same. But, this incident provoked the v

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