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2022 Supreme(Online)(KER) 7855

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


ORDER

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

2. Petitioner is the accused in Crime No.232/2022 of the Mangalapuram Police Station. The offences alleged against the petitioner are under Sections 363 , 354A(1)(i), 384 & Section 506 of the Indian Penal Code, 1860 and Section 67B of the Information Technology Act, 2000 and Sections 8 ,7,10,9 (l), 12, 11(ii) (iv) & (v) of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case is that, petitioner, who is a family friend of the victim had been in acquaintance with her for the last two years and misusing the friendship, committed aggravative sexual assault on the victim, aged 16 years in September 2021 and December 2021 and thus committed the offences alleged.

4. Sri.Shajin S.Hameed, learned counsel for the petitioner contended that the petitioner was arrested on 10.03.2022 and has been in custody since then. According to him, the entire prosecution allegation is false and the petitioner ought to be enlarged on bail.

5. Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and submitted that the allegations are serious in nature

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