~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.2510/2014 of Kayamkulam Police Station registered for the offences punishable under Section 376(2)(i) IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.
3. The allegation against the petitioner is that on 18.09.2014, he committed rape on a 13 year old girl, who is the de facto complainant, at her house at 11 a.m. when she alone was present at the house. The petitioner has been in custody for the period from 20.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the CD.
5. The contents of the CD, prima facie, reveal the BA.8096/2014 : 2 :
complicity of the petitioner. The allegations against the petitioner are very grave and serious. The police have clearly collected evidence relating to penetrative sexual assault committed by the petitioner on the 13 year old girl. The petitioner is a neighbour of the de facto complainant. In these circumstances, this is not a fit case wherein the petitioner can be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/13/11 /True Copy/ P.A. to Judge