- (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 application.
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