Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.279/2014 of Kakkur Police Station registered for the offences punishable under Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012.
3. The allegation against the petitioner is that on 14.11.2014 at 11.10 a.m., he had enticed a boy, who is a 9th standard student, and committed sexual assault, within the meaning of Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The allegation against the petitioner is very grave and serious. Matters being so, I am of the view that this B.A.8679 of 2014 2 is not a fit case wherein anticipatory bail can be granted to the petitioner. At the same time, an opportunity can be given to the petitioner to surrender before the Investigating Officer and to co- operate with the investigation.
In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge