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2018 Supreme(Online)(KER) 13869

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
MOOSAN M.P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI

ORDER

1.This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the FIR, being Crime No.36 of 2018, registered with Mayyil Police Station, for offences punishable under Section 376 of the Indian Penal Code, and Section 7 r/w. Section 8, 9(1)(n) r/w. Section 10, 11(iii) r/w. Section 12 of the Protection of Children from Sexual Offences Act.

2.The victim in the instant case is a minor girl aged 14 years.

The applicant was living with the mother of the victim as her second husband. He is alleged to have shown pornographic images and sexually assaulted the victim.

3.The learned counsel appearing for the applicant submitted that the applicant has been under judicial custody from 14.01.2018 onwards. Though 90 days have elapsed from the date of remand, the final report has not been laid before the jurisdictional court till date.

4.Heard the learned Public Prosecutor, who does not controvert the said submissions.

5.Section 167(2)(a)(i) of Cr.P.C. would squarely apply and the applicant herein are entitled to statutory bail.

6.In the result, this bail application will stand allowed. The applicant shall be release

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