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Judgment
Gopinath P., J
The petitioner is the accused in Crime No.125/2020 of Alappuzha Police Station which is now pending as S.C No.583/2020 before the Additional
Sessions Court-I (POCSO Court), Alappuzha.
The allegation against the petitioner is that the petitioner committed penetrative sexual assault on the victim aged 9 years in between the period June
2019 to February 2020. The victim is none other than his wife's brother's daughter.
The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter and he has been valid defence in respect
of the charge laid against him. It is submitted that the petitioner has been in custody from 16-06-2020 and it is highly improper to continue the petitioner
in custody. It is submitted that further detention of the petitioner as an under trial prisoner violates his constitutional rights under Article 21 of the
Constitution of India.
The learned Public Prosecutor vehementally opposes the grant of bail. It is submitted with reference to the records that the petitioner is guilty of a
very heinous offence. It is submitted that the victim was only 9 years of age when the first incident of assault took place. It is submitted that the victim
is a close relative of the petitioner and the petitioner misused his close relationship with the victim and committed sexual assault and rape on her
several times during the period between June 2019 to February 2020. It is submitted that the trial of the case is at an advanced stage.
Having regard to the facts and circumstances of the case and considering that the trial of the case is in an advanced stage, I am of the opinion that
the petitioner is not entitled to be released on bail at this stage.
Bail application will stand dismissed.