The petitioner has been arrayed as the sole accused in the instant

Crime No.762/2018 of Vatakara Police Station, Kozhikode which has been

registered for the offences punishable under Secs.377, 506 of IPC and

Sec.3(c) r/w Secs.4, 7 and 8 of Protection of Children from Sexual Offences

(POCSO) Act, 2012 on the basis of the FI Statement given by the minor

victim boy on 28.08.2018 in respect of the alleged incident which

happened on 21.08.2018.

2.

The prosecution case in short is that the petitioner aged 55

years is a married man, who is living in the immediate neighbour of minor

victim boy, aged 13 years. On 28.08.2018 at 3.30 pm, the petitioner had

taken the boy to a nearby place and had committed the carnal intercourse

against the order of nature by putting his genital organ between the thighs

of the boy and ejaculating the fluid on the boy's body and that thereafter he

had offered money to the minor victim boy to not to disclose the said

incident to anyone.

3.

It appears that the mother of the minor victim boy found that

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he was having extra cash and on questioning him, the boy had revealed to

her about the said incident. Later, the parents had informed the matter to

the authorities concerned, which later led to the submission of the FI

statement by the minor victim boy on 28.08.2018, which has later led to

the registration of the instant crime on the same day for the abovesaid

offences. The petitioner has been arrested in this case on 29.08.2018 and

has been remanded on 30.08.2019 and has been under judicial custody

since then.

4.

The counsel for the petitioner would point out that the

allegations raised against the petitioner are false and fabricated. Further

that, going by the nature of the allegations and taking note of the fact that

the petitioner has already undergone detention since 30.08.2019, his

continued detention may not be necessary and that this Court may order to

release the petitioner on regular bail subject to stringent conditions. The

learned Prosecutor has seriously opposed the grant of regular bail and

pointed out that the allegations disclosed against the petitioner are very

serious and grave and further that the minor victim boy happens to be the

immediate neighbour of the petitioner and that there is a strong possibility

of the petitioner influencing and intimidating the witnesses, including the

minor victim boy and his family members, if he is let out on bail.

5.

After hearing both sides and after anxious consideration of the

facts and circumstances of this case, this Court is constrained to take the

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view that the allegations disclosed against the petitioner are serious and

grave and the apprehension raised by the prosecution cannot be easily

brushed aside by this Court. Hence, it cannot be contended that as the

petitioner has suffered detention for the last 26 days, his continued

detention is not necessary etc.

Accordingly, the application fails and the same will stand dismissed.

Sd/-

ALEXANDER THOMAS,

JUDGE

SKS