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2023 Supreme(Online)(KER) 24113

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
KHALEDUR RAHMAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
N.ANAND, BIJITH S.KHAN, RAJESH O.N.

ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure , 1973.

2. Petitioner is the accused in Crime No.1604/2022 of Thiruvalla Police Station, Pathanamthitta District. The offences alleged against the petitioner are under Sections 366 and 376(2)(n) of the Indian Penal Code . 1860 and Section 5 (j)(ii)(l) r/w Section 6 of the Protection of Children from Sexual Offences, Act, 2012.

3. According to the prosecution, the accused had abducted the minor victim, who is a native of West Bengal and committed penetrative sexual assault on her, as a result of which the victim became pregnant and thus the accused committed the offences alleged.

4. Sri.N.Anand, learned Counsel for the petitioner contended that the prosecution allegations are false and the petitioner had actually married the victim in accordance with Mohemmedan law on 14.03.2021 and that they had been living together as husband and wife. It was further submitted that on an earlier occasion, petitioner had approached this Court through B.A.No.8216/2022 and by judgment dated 18.11.2022, this Court had dismissed the bail application. Petitioner was arrested on 01.09.2022. However,

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