The petitioner is the sole accused in crime No.2952/2014 of Karunagappaly Police Station, Kollam, for offences registered under Section 376 of the IPC read with Section 4 of the Protection of Children from Sexual Offences Act. The gist of the allegation is that on 17.8.2014, at about 1 p.m. the accused sexually abused the defacto complainant, a minor girl of 8 years, by subjecting her to penetrative sexual assault. The petitioner was arrested on 4.9.2014. The learned counsel for the petitioner would strongly urge that all the allegations against the petitioner are false and devoid of any merit and that the petitioner is in custodial detention since 4.9.2014 and that this Court may exercise discretion to order grant of bail in this case. 2. The learned Public Prosecutor submits that the offences involved are serious and that the victim is residing in the neighbourhood of the petitioner and the specific allegation is that - : 2 :-
the child was being sexually abused for the last more than two years and that there is every possibility of the petitioner being released on bail, that he may intimidate the witnesses including the victim.
3. Having regard to the submissions made by the learned counsel for the petitioner and the learned counsel for the prosecution, this Court is inclined to take the view that in view of the serious gravity of the offences and the allegations alleged against the petitioner and as the allegation is that the petitioner has abused a minor girl aged 8 years for the last more than two years and as the petitioner is an immediate neighbour of the victim, this is not a fit case to exercise discretion at this stage. Accordingly, this application is dismissed.
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sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge