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2014 Supreme(Online)(KER) 38731

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
SHAJI P – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Petitioner is the accused in Crime No.1274/2013 of Konni Police Station. The offences alleged against him are punishable under Secs.450 and 376 of IPC and Sec.5 r/w 6 of POCSO Act.

2. The victim girl is aged only 12 years. It is alleged that on 15.12.2013 at 2 PM when the parents were not there the accused trespassed into the house of the victim girl, took her from the kitchen to the bedroom and forcibly had sexual intercourse with her.

3. Petitioner has been in custody from 17.1.2014.

4. Learned Sessions Judge has rightly dismissed the petition taking note of the gravity of the offence.

5. Learned counsel for the petitioner submits that considering the period of detention, he may be granted bail.

It appears the investigation is not likely to be completed within the period of 90 days.

6. Hence, considering the period of detention already undergone by the petitioner, petitioner is granted bail with effect from 11.4.2014 subject to the following conditions :-

a. The accused shall execute a bond for ₹1,00,000/-

(Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuin

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