Prima facie evidence of sexual assault and rape under Section 376 of IPC and the provisions of POCSO Act is sufficient to dismiss an anticipatory bail application.

ORDER

Dated this the 22 nd day of February, 2024 This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the sole accused in crime No.553 of 2023 of Kadakkavoor Police Station, Thiruvananthapuram, registered under Sections 354(1)(i), 376(3), 376(2)(f) and 376(2)(n) of IPC, Sections 8, 7, 4, 3(a), 6, 5, 51, 5m, 5n, 12, 11(iii), 11(v), 4 r/w 3(c), 8 r/w 7 and 11(iv) r/w 12 of the POCSO Act.

2. The prosecution allegation is that the petitioner, who is the step father of the victim girl, sexually assaulted and committed rape on her on several occasions, while she was staying along with the petitioner, and her mother.

3. Heard learned counsel for the petitioner, learned counsel for the defacto complainant and learned Public Prosecutor.

4. Learned counsel for the defacto complainant as well as learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioner would submit that the victim girl had made complaints of similar nature against her friend Vishnu, and at that time, she had no such complaints against the petitioner. Now the mother of the victim has turned against the petitioner, and under her instigation, the victim filed a false complaint against him. 2 crimes are registered against the mother of the victim, on the complaints of assault, by the mother of the petitioner.

6. Learned Public Prosecutor would submit that investigation could not be progressed as the petitioner is abroad and his presence is not available in Kerala.

7. On going through the F.I.Statement given by the victim, the allegations under Section 376 of IPC and under the provisions of POCSO Act are made out prima facie. So the bar under Section 438 (4) of Cr.P.C. applies as an offence under Section 376(3) of IPC also is alleged against the petitioner.

In such circumstances, this Court is not inclined to allow this anticipatory bail application filed by the petitioner. Accordingly, this bail application is dismissed.