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2024 Supreme(Online)(KER) 32183

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
FR. REES VADASSERY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRUTHY K.K, P.VIJAYA BHANU (SR.), P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, SRUTHY N. BHAT, RAHUL SUNIL, NANDITHA S., SOHAIL AHAMMED, HARRIS P.P., SMT.REKHA.S, A.RAJESH

ORDER

This is an application for pre-arrest bail filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'B.N.S.S') by the sole accused in Crime No.939/2024 of the Mala Police Station. The offences alleged are under Section 354A (1)(i) and 506 of Indian Penal Code , and also, under Sections 7 , 8, 9(p), 10, 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').

2. The prosecution would allege that, the petitioner/accused, with the necessary animus to harass the defacto complainant sexually, hugged and caressed her hands, breasts and buttocks, besides kissing and biting on her lips, on some day in the second week of June, 2023, whereafter the accused threatened the defacto complainant directly, as also, through phone by sending messages, thus committing the offences enumerated above.

3. Heard Sri.P.Vijayabhanu, learned Senior Counsel on behalf of the petitioner and Smt.Rekha.S, learned Senior Public Prosecutor on behalf of the respondent State. Perused the records.

4. Learned Senior Counsel would submit that the there is no penetrative sexual assault and the offences canvassed under the POCSO Act are minor offenc

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