ORDER

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.1655 of 2023 of Kottiyam Police Station, Kollam, registered under Sections 365, 354, 323 and 511 of 376 of IPC.

2. The prosecution allegation is that the petitioner, who is a 33 year old man, indending to commit rape on the defacto complainant, who is a nomad lady aged 88 years, on 20.10.2023 at 01.00 a.m., while she was sleeping on the pavement in front of a shop near Kottiyam Junction, he caught hold on her disrobed her, physically assaulted her, and attempted to rape her. When she fell unconscious, the petitioner abducted her in a pick-up autorickshaw, and left her at the road near Sithara Junction.

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

4. Learned Public Prosecutor vehemently opposed the bail application stating that the defacto complainant is an 88 year old lady as per the FIR, and the petitioner, who is a 33 year old man, attempted to commit rape on her. When she fell unconscious, she was taken in a pick-up autorickshaw and was left at the road near Sithara Junction.

5. Learned counsel for the petitioner would