The court determines that the gravity of the allegations warranted denial of bail due to the serious nature of the offences involved.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS )

seeking regular bail.

2. The applicant is the sole accused in Crime No.928/2023 of Munnar Police Station, Idukki District. The offences alleged are punishable under Sections 354 , 376(2) (n)(f) of Indian Penal Code, 1860 and Sections 9 (m), 9(n) read with Section 10 (3)(a) read with 4(2) and 5(1)(n) read with Section 6 (i) of the Protection of Children from Sexual Offences Act 2012.

3. The prosecution case, in short, is that the applicant who is the father of the victim minor girl aged 15 years, raped her on several occasions at their house at Mankulam Village and thereby committed the offences.

4. I have heard Sri.N.M.Varghese, the learned counsel for the applicant and Smt.V.Sreeja, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

01.10.2023. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Even though notice has been ordered to the victim, it could not be served since the victim left to Tamil Nadu and at present the whereabouts of the victim are not known. However, the mother of the victim has appeared before this Court and sworn in an affidavit.

I went through the FI Statement. The allegation is brutal in nature. The applicant, who is none other than the father of the victim, repeatedly subjected the victim to penetrative sexual assault continuously for years. The mother of the victim has now filed an affidavit supporting the applicant, stating that no such incident took place and it was at her instance that such a complaint was filed. I cannot accept the said version of the mother. Specific overt act, in clear terms, has been attributed against the applicant in the FI Statement. There is nothing to disbelieve the same. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-