ORDER

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by the sole accused in Crime No.1253 of 2023 of Kayamkulam Police Station, Alappuzha District registered under Sections 354, 354A(1)(i), 354A(1)(ii), 354A(1)(iii), 354A(1)(iv), 354D(1)(ii) and 447 of IPC and Sections 7, 8, 11(i), 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2. The prosecution allegation is that, during the period from 1/1/2021 till 29/11/2023, the petitioner, who is a neighbour of the defacto complainant, with an intention to commit sexual assault, used to pester and stalk her and made sexually coloured remarks against her and one day while she was brooming her front yard, he caught hold of her hand with sexual intent.

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

4. Learned Public Prosecutor opposed the bail application stating that, the petitioner, who is a 68 year old man, was continuously following a minor girl aged 15 and committed pestering and stalking, and made sexually coloured remarks and even caught hold on her hand with sexual intent, while she was brooming her front yard