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2020 Supreme(Online)(KER) 37305

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
MUHAMMED NIZAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.VENUGOPAL, SMT.T.J.MARIA GORETTI, SMT.FERHA AZEEZ

O R D E R

This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

2. Petitioner is the accused in Crime No.326 of 2020 of Vazhikadavu Police Station, Malappuram. The above case is registered against the petitioner alleging offence punishable under Sections 450, 342, 376 (2)(n) (l), 376(3) IPC and Sec.67A of the Information Technology Act. Section 6 r/w.5(l)

of the POCSO Act is also added.

3. The prosecution case is that, the accused in this case trespassed into the house of the victim in March, 2016 when the victim was aged 15 years and 9 months. According to the prosecution, the petitioner committed rape on the victim and recorded the same in his mobile phone. Subsequently, by threatening the victim that he will forward the photos to others, repeated the same till 25.2.2020. Meanwhile, the victim married another person and after the marriage, the husband of the victim left the place in connection with his employment in abroad. Thereafter also the accused after threatening the victim and showing the pictures recorded in his mobile committed rape on her. It is the prosecution case that thereafter he forwarded the photos to her hus

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