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Judgment
7 paragraphs · 236 wordsApplication for regular bail.
The petitioner who is the accused in Crime No.386 of 2020 of Marangattupally Police Station registered for the offences punishable under Sections 376(2)(h), 376(2)(n) and 376(3) of the Indian Penal Code and Sections 3(a), 4, 5 (j)(ii), 5(l), 5(n) and 6 of the Protection of Children from Sexual Offences Act, has filed this application seeking his release on bail.
The prosecution allegation is that the petitioner has committed penetrative sexual intercourse on a minor child aged only 13 years and made her pregnant and committed the aforesaid offences.
It is revealed from the records that final report has been submitted by the investigating agency before the court concerned and DNA profiling of the foetus, as well DNA test of the petitioner are conducted as part of investigation.
Of course the petitioner is undergoing incarceration right from 22.04.2020 but it is to be noted that the case pending is ready for trial, before the Additional Sessions Court-1, Kottayam. As this case is pending for trial, the trial court has to decide whether custodial trial is required or not.
Considering the gravity of the offences alleged against this petitioner and the age of the victim child, I am not inclined to accept the request made by the learned counsel for the petitioner for his release on bail, though he is aged only 23 years.
Hence, this application is dismissed.