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2024 Supreme(Online)(KER) 21147

HIGH COURT OF KERALA
SAIT MUHAMMED – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This is an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the 1st accused in Crime No.250 of 2023 of Kannamali Police Station, Ernakulam District, registered under Sections 354, 376, 376(2)(n) & Section 324 of IPC, Sections 5(l), 5(p) r/w Section 6 and Section 16 r/w Section 17 of the POCSO Act, Section 77 of the JJ Act, 2015 and Section 22(a) of the NDPS Act.

2. The prosecution allegation is that the petitioner herein (A1), with the help of the 2nd accused, who is none other than the biological mother of the victim girl, aged 15 years, took her to a home-stay on 18.01.2019 and 04.11.2022, and subjected her to multiple aggravated penetrative sexual assault, after intoxicating her with narcotic drugs, drinks etc.

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

4. Learned Public Prosecutor vehemently opposed the bail application.

5. The petitioner had earlier filed two bail applications and both were dismissed, with direction to the Fast Track Special Court, Perumbavoor, to expedite the trial and to dispose it of at the earliest. The present petition has been filed by the petitioner stating that

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