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2022 Supreme(Online)(KER) 56562

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
MOHANAN.P.P. – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973 .

2. Petitioner is the accused in Crime No.207 of 2022 of Neeleshwaram Police Station, Kasaragod District. The offences alleged against the petitioner are punishable under Sections 377 , 506(i) of the Indian Penal Code,1860 apart from Sections 4 (2), and 3(c) of the Protection of Children from Sexual Offences Act, 2012 .

3. According to the prosecution, on 17-02-2022 the accused committed unnatural sexual offences on the victim boy aged only 13 years by indulging in aggravated penetrative sexual assault and thereby committed the offences alleged.

4. Smt.P.Mamatha, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that since the petitioner was arrested on 22-02-2022, his continued detention may not be permitted as the same would prejudice the defense to be taken at the time of trial.

5. Sri. Noushad K.A., the learned Public Persecutor opposed the grant of bail and contended that even though the final report was filed and the case is now pending trial as S.C.No.

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