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2024 Supreme(Online)(KER) 24622

HIGH COURT OF KERALA
A. BADHARUDEEN, J
MIDHUN, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
M.R.SARIN,PARVATHY KRISHNA,P.SANTHOSHKUMAR (KARUMKULAM),SAUMYA.P.SAJI,S.ASHA MARY KURIAN,ABHILASH J,SENIOR PUBLIC PROSECUTOR SRI RENJIT GEORGE

ORDER
This is an application for regular bail filed by the sole

accused in Crime No.258 of 2024 of Chirayinkeezhu Police Station, Thiruvananthapuram.

2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.

3. The prosecution case is that at 11 am on a day during the first week of June, 2013, the accused entered into the house of the defacto complainant, a minor, who was studying in Plus B.A.No.4048/2024 3 Two course and raped the defacto complainant with promise of marriage. Thereafter on several days the accused reached the residence of the defacto complainant and subjected her to rape on the promise of marriage. Further at 12 noon on 15.12.2023 also the accused subjected her to rape repeating the promise of marriage and she became pregnant subsequently. On this premise prosecution alleges commission of offences punishable under Sections 4 (1) r/w 3(a), 6(1) r/w 5(1), 5(j)(ii) of the Protection of Children from Sexual Offences Act (`PoCSO Act’ for short).

4. The learned counsel for the petitioner submitted that the victim and the accused are in love affair and the sex

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