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2022 Supreme(Online)(KER) 20700

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
VINEETH.V – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
N.SUNIL JOSEPH, B.BIPIN, SRI.SUDHEER G.

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.1183/2022 of Puthoor Police Station, Kollam alleging offences punishable under Sections 376 (2) (n) and 376(3) of the Indian Penal Code , 1860 apart from Section 6 , r/w Section 5 (l), Section 8 r/w Section 7 , Section 14 r/w Section 13 (a) of the Protection of Children from Sexual Offences Act , 2012.

3. According to the prosecution, during the period from 20.04.2022 to 17.08.2022, the accused committed penetrative sexual assault on the victim, aged 14 years by inserting his finger into her vagina and also compelled her to send her nude photographs to the mobile phone of the accused and thereby committed the offences alleged.

4. Sri.N.Sunil Joseph, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was also pointed out that the petitioner was arrested on 21.08.2022 and that considering the young age of the accused, the continued detention ought not to be permitted.

5. Sri.Sudheer G., the learned Public Prosecutor opposed the grant of

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