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2022 Supreme(Online)(KER) 12734

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
ABIJITH – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the sole accused in Crime No.2646/2021 of Kothamangalam Police Station alleging offences under Sections 363 , 366, 376(3), 376(2)(n), 376(2)(h) of Indian Penal Code and Section 4 (2), 3(a), 3(b), 3(d), 6, 5l, 5j(ii), 5q of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and Section 67B of the Information Technology Act, 2000 .

3. The main allegation against the petitioner is that he committed the aforesaid offences against the victim, who is only 15 years old and that she became pregnant. It is also alleged that even during the pregnancy of the minor, petitioner committed similar offences. The accused was taken into custody on 04.11.2021 and he has been in custody from that day onwards. Sri.Vivek Venugopal, the learned counsel for the petitioner submitted that the final report in the crime has already been filed and the matter is pending as SC.No.1280/2021 before the Special Court for Trial of Protection of Children from Sexual Offences Act cases.

4. After hearing the learned counsel for the petitioner as well as Smt.Pushp

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