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2021 Supreme(Online)(KER) 21418

HIGH COURT OF KERALA
SHIRCY V., J
... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
POOJA PANKAJ, SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.V.C.SARATH, SRI.VIPIN NARAYAN, SRUTHY N. BHAT

ORDER

DATED THIS THE 6TH DAY OF AUGUST, 2021 The petitioner who is arraigned as the accused in Crime No. 1160 of 2020 of Mathilakam Police Station registered for the offences punishable under Section 323 , 506, 376, 376(2)(f), 376(2)(n) and 354B of the Indian Penal Code and under Sections 4 , 3(b), 6, 5m, 5n, 5l of Protection of Children from Sexual Offences Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 has filed this application seeking pre-arrest bail.

2. The prosecution case in brief is as follows:

The survivor is a young girl aged only 11 years. The petitioner is her father. While they were residing in an apartment bearing No.XI/490(D) at Ala Desom on 15.12.2018 around 9 p.m he had subjected the minor girl to aggravated penetrative sexual assault, by inserting his finger into her vagina and when she resisted it she was slapped on her face and threatened her that if she disclose the incident to any one, he would kill her mother. Later on 20.02.2020 the petitioner had taken the girl and other family members for a trip to Munnar. He again committed aggravated penetrative sexual assault on the minor child while residing in that hotel at abo

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