ORDER

This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.2635/2023 of Nedumangad Police Station, Thiruvananthapuram, registered under Section 377 of IPC and Sections 3(a), 4, 5, 5h, 5i, 5l and 6 of POCSO Act.

2. The prosecution allegation is that, on two occasions in April 2023, when the victim boy aged 13 years reached Sharaful Islam Madrasah at Puthanpalam, Nedumangad, for breaking Ramadan fasting, he was sexually assaulted by the petitioner inside the bathroom situated behind the Madrasah and on another occasion he was taken to a bushy land nearby and subjected to sexual harassment, and on both occasions, the petitioner committed the offence after making the boy unconscious.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioner would submit that, the alleged incident occurred in April 2023, but the complaint was lodged only in December 2023. Investigation is over and final report has been filed. He is in judicial custody from 17.12.2023 onwards. So his continued detention is not necessary.

6. Learned Public Prosecuto