ORDER

Dated this the 23rd day of March 2021 Application for pre-arrest bail.

2. Petitioner is the sole accused in Crime No. 2770 of 2020 of Vellarada Police Station registered for the offences punishable under Section 363 of Indian Penal Code and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act.

3. The prosecution allegation is that the victim/defacto complainant is a minor boy aged 15 years. On 11.12.2020 he has gone to a hotel by name 'Shivapriya' at Kunnathukal Junction for taking food. Then, the petitioner, who came there, after taking a seat nearby, offered him the non-vegetarian food ordered by him. Thereafter, he has taken him by offering a ride in his motor cycle and promised to drop him at his residence.

But when the boy got on his motor cycle the same was taken to the opposite side and not through the road suggested by the boy. While he was travelling on the bike, the petitioner attempted to abuse the boy sexually who was sitting as a pillion rider. But the same was objected by the boy and he insisted to stop the vehicle. Then the petitioner dropped him at a place called Paliyode and then he immediately left the place. Thereby the petitioner has sexually abused the minor child by offering him food and a ride on his motor cycle.

4. The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. He has not committed any offence as alleged by the prosecution. In fact, he has gone to the hotel to take food and when he had seen the child, he just talked to him and shared the food served on him and it was only a friendly approach from the side of the petitioner. He had no other intention and then he also agreed him to give a lift and to drop at his residence. But on the way he had stopped in a petrol pump to fill the fuel. After that when the behaviour of the boy was found disturbing, he dropped him at Paliyode and left the place. But after a few days, police came to his residence and made enquiries about him. Apprehending arrest he had approached the Sessions Court. When the application for bail was moved by him, a complaint has been falsely registered against him under the POCSO Act by implicating him in this false case. He apprehends undeserved trauma of arrest and hence this application.

5. But this application is vehemently opposed by the learned Public Prosecutor contending that in fact the FIR was registered against this petitioner on the statement of the victim boy aged 15 years. His statement is to the effect that the petitioner tried to abduct him and while he was taken in his bike for a ride, he sexually abused him and so a case was registered against this petitioner. Thereafter he moved before the Sessions Court and when the report was called for from the learned Public Prosecutor by the learned Sessions Judge, Thiruvananthapuram, report was submitted on 29.12.2020 and the bail plea was heard by the learned Sessions Judge on 4.1.2021 and the same was disposed of on the very same day. The allegation that the petitioner has been falsely implicated in the case influenced by the parents of the victim is absolutely false. Of course, there was some delay but that was only because of the delay in giving the statement by the victim boy and there is no foul play as alleged by the learned counsel for the petitioner.

6. Heard both sides.

7. A perusal of the records available before me would prima facie reveal that the victim who is aged only 15 years went to a hotel to take food, then the petitioner approached him and shared his food and thereafter took him on his bike with an ulterior motive of committing sexual abuse on the minor child. Otherwise there was no necessity to offer food for him and to offer a ride on his motor cycle. Moreover, he was taken to a different place though the petitioner has a case that he promised to drop him at his residence. The boy was taken to the opposite side of where he has to be dropped as offered b