HIGH COURT OF KERALA
STATE OF KERALA
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(1.)The accused in Crime No.528/2023 of Nenmara Police Station has filed this appeal invoking Sec. 14A(2)
of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 aggrieved by the order dtd.
24/8/2023 in Crl.M.P. No.3605/2023 of the Special Judge/ Additional Sessions Judge-I, Palakkad Division.
(2.)The appellant was made an accused in Crime No.528/2023 of Nenmara Police Station for offences
punishable under Sec. 363, 376(2)(n) and 354A(1)(i) IPC,
Sec. 4(1) read with Sec. 3(a), Sec. 6 read with
Sec. 5(1), Sec. 8 read with Sec. 7, Sec. 12 read
with Sec. 11(iv) of the POCSO Act and Sec. 3(2)(va) of
the SC/ST (PoA) Act.
(3.)The appellant moved application under Sec. 439 Cr.P.C. for grant of regular bail. The Special Judge noted that there were some connection between the
appellant and the survivor and even if it is taken that the
sexual relation between the appellant and the survivor was
with the consent of the survivor, she being a minor, the
offences alleged will be attracted. The Special Judge also
noted that the appellant had taken nude videos of the
appellant. The Special Judge therefore dismissed the bail
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