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2024 Supreme(Online)(KER) 33432

HIGH COURT OF KERALA
DONY THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The petitioner is the sole accused in Crime No.810/2022 of Kumily Police Station which is now pending before the Special Court for the trial of offences under the Protection of Children From Sexual Offences Act (POCSO), Kattapana as S.C.No.40/2023. The offences alleged against the petitioner are under Sections 3 76(2)(f), 376(2)(n), 376(3), 376AB, 354(1)(iii) of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 and under Sections 3 (b) r/w 4(2), 5(i), 5(m), 5(n) r/w. 6, 11(iii), 12 of the POCSO Act.

2. The prosecution case is that, the petitioner had inserted his finger into the vagina of the victim girl aged 8 years, who is none other than the daughter of the petitioner and also showed obscene videos to the victim and her elder sisters, thereby committed the offences. As part of the investigation, the petitioner was arrested on 06.11.2022 and he has been under judicial detention, since then. Even though the petitioner approached this Court seeking bail, the same was rejected as per Annexure-2 order. Similar applications submitted before the trial court were also dismissed. This bail application was submitted in su

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