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2024 Supreme(Online)(KER) 14589

HIGH COURT OF KERALA
C.S. DIAS, J
AGNEL MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.A.SATHEESH, V.T.MADHAVANUNNI

ORDER

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , by the sole accused in Crime No.393/2024 of the Ernakulam Town North Police Station, which is registered against him, for allegedly committing the offences punishable under Sections 363 , 370(4), 354 and 354A(1)(i) of the Indian Penal Code and Secs.7 and 12 read with Sec.11(1) of the Protection of Children from Sexual Offences Act, 2012 . The petitioner’s arrest was recorded in the present crime on 2.4.2024.

2. The crux of the prosecution case is that: on 5.2.2024, the accused enticed the victim, a minor girl aged 16 years, with a sexual intent over telephone. He traficked the victim on his scooter and took her to a lodge and asked her to have sexual relationship with him and outraged her modesty. Thus, the accused has committed the above offences.

3. Heard; Sri. V.T Madhavanunni, the learned counsel appearing for the petitioner and Smt. Neema T.V, the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to prove that the petitioner has committed the above offences. The

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