ORDER

Petition filed under Section 439(1) Cr.P.C.

2. Petitioner is the accused in S.C.No.331 of 2016 on the files of the Additional Sessions Court-I, Manjeri registered for the offences under Sections 342, 506(ii) and 376(c) of the IPC, Section 5(n)(I) of Protection of Children from Sexual Offences Act and Section 75 of Juvenile Justice Act.

3. The prosecution case is that the petitioner used to have sexual intercourse with his minor daughter.

4. The learned counsel submits that the allegation is false and final report has already been filed.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The petitioner is the father of the victim. At the relevant time, the girl was aged about 17 years. The allegation is that he used to have sexual intercourse with her every week for the last two years or so.

7. The learned counsel submits that it is estrangement between the petitioner and his wife that caused her to get this false case registered through their daughter.

8. I have perused the medical certificate of the victim.

Her hymen is intact. This is a very suspicious circumstance. He has been in custody since 12.3.2016. Having regard to the fact that the medical