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2025 Supreme(Online)(Ker) 57957

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
NISHAD AGED 44 YEARS THOTTINKARA PUTHENVEEDU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ADV SHRI.FAHEEM AHSAN.S
For the Respondents: SMT. ANIMA M., PUBLIC PROSECUTOR

JUDGMENT

The appellant is the accused in S.C.No.1752 of 2021 on the files of the Fast Track Special Court, Kottarakkara which arises out of Crime No.2288 of 2020 of Kadakkal Police Station, Kollam.

2. The prosecution alleged that the accused had, on

18.09.2020, committed sexual assault on a minor victim aged 14 years and thereby committed the offences under Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012 apart from Section 3 (1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 . The appellant was initially granted bail in the crime on 13.10.2020. However, as he allegedly absconded, the bail was cancelled in 2023 and and a warrant of arrest was issued against him. Thereafter, the appellant was arrested on 10.10.2025 and he has been in custody since then. His application for bail was dismissed by the impugned order dated 20.11.2025 and hence he has approached this Court.

3. I have heard the learned counsel for the appellant, the learned Public Prosecutor as well as the learned counsel for the 3rd respondent.

4. Even though the appellant was initially granted bail in the crime, he had absconded and

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