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Judgment
The petitioner herein is the sole accused in Crime No.1626/2017 of the Kundara Police Station, registered under Section 377 I.P.C and Section 3 (d) read with 4 & 5
(m),6, 7 and 8 of the Protection of Children from Sexual Offences Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Additional Sessions Judge-I, Kollam on 2.8.2017. The petitioner has been in judicial custody since 2.7.2017.
This is an extreme case of un-natural offence on a minor boy aged 8 years. The small boy has given a narration of what happened to him at the hands of the petitioner. Now it is reported that the investigation is over, and the Police has submitted final report in court on 24.8.2017. Of course, it is true that no previous crime of similar nature is seen reported against the petitioner. However, in the particular facts and circumstances where I find the possibility of the material witnesses being won B.A No.6238 of 2017 over, if the petitioner is immediately released on bail, I feel it inappropriate to release him. However, it is made clear that in due course of trial, the petitioner can approach the trial court, and when application for regular bail comes during trial, it can be judiciously considered, and appropriate decision can be taken by the trial court. Giving such liberty to the petitioner, this application is disposed of.