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2021 Supreme(Online)(KER) 13186

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


Advocates:
T.J.MICHAEL

ORDER

Apprehending arrest in connection with Crime No.217 of 2021 of Thodupuzha Police Station registered for the offences punishable under Sections 354A (1) and 324 of the Indian Penal Code and Sections 8 , 7, 10, 9(l) and 9(n) of the Protection of Children from Sexual Offences Act , the petitioner has moved this application for pre- arrest bail under Section 438 of the Code of Criminal Procedure .

2. The prosecution case is that the petitioner who is the father of the minor child has committed offences coming under the Protection of Children from Sexual Offences Act on various days upon the minor child right from her age of 11 years. He has committed aggravated sexual assault on the minor child while she was residing with him. Thereby, he has committed the aforesaid offences.

3. Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that in fact he is having a son aged only 9 years who is suffering from leukaemia. The mother of the petitioner was not taking care of the child. Because of her attitude towards the minor child, the petitioner was compelled to marry another lady, mainly for looking after

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