ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the sole accused in Crime No.478/2022 of Aranmula Police Station, Pathanamthitta District, The offence alleged against the petitioner are under Sections 341 , 354, 354B and 511 of 376(2)(1) of the Indian Penal Code, 1860 and Section 92 (b) of Rights of Persons with Disabilities Act, 2016 .

3. According to the prosecution, the accused attempted to commit penetrative sexual assault on a victim aged 21, who is mentally retarded, and dragged her through a lane after covering her mouth and after forcefully removing her trousers, attempted to rape her and thereby committed the offences alleged.

4. Sri.Gerry Douglas, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was also submitted that petitioner was arrested on 01.07.2022 and has been in custody since then. According to the learned Counsel, petitioner is willing to abide by any conditions that may be imposed upon him.

5. Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and