Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.1545/2014 of the Palluruthy Police Station, Ernakulam registered for the offences punishable under Section 376(1) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
3. The allegation against the petitioner is that he had repeatedly grabbed the breast of an unsound minded minor girl aged 12 and inserted his finger into her vagina on several occasions prior to 20.10.2014. The petitioner has been in custody for the period from 21.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. It has been pointed out that the petitioner is a 86 year old man. As rightly pointed out by the court below he is old enough to become the victim's great grandfather. It seems that he had repeatedly exploited the unsound minor girl sexually. The petitioner is a neighbour of the victim.
6. The contents of the CD, prima facie, reveal the complicity of the petitioner. Investigation of this case is not over. The statement of the victim under Section 164 Cr.P.C. has been recorded. The victim had to undergo medical treatment on account of abdominal pain. The medical examination report also clearly reveals the inhumane activities committed by the petitioner. Considering all the above, I am of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
B. KEMAL PASHA, JUDGE ul/-
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