. ~RA FT ORDER ~ . c . No.

1 134/2024
1n Crime No. 49/2 02~ olpp uzha Police Station
Dateg_;__2 1.02 .202 4

This is a petition filed unde r Sec. 439 of Cr.P.C.

tered
by the sole accu sed in Noolpuzha crime No. 49/ 2024 regis
r/ w
under Sec. 174 Cr. PC altered into 305 IPC and Sec. 12
Act,
11 (ii) (iv) of Prote ction of Children from Sexual Offences
sed.
2012 (for shor t, "the PoCSO Act") against the petit ione r/ accu

2. Prosecution case in brief is as fo11ows:- The

✓ v th
victim is aged 13 years and • is a stud ent in 9 stan dard in
into
Cheeral Gov ernm ent Model Higher Secondary School came
gh
contact with the accused who is hailing from Alap uzha throu
by
her insta gram and othe r social media accounts. The accused
to
expressing his love and intimacY; persuaded the victim girl
also
believe that he is in love with her but at the same time he
the
developed a para llel connection with the youn ger siste r of
sed
victim girl. Knowing this, the victim girl ques tione d the accu
ger
and also asked him to stop such relationship with her youn
die',
sister and at that time the accused had asked her to 'go and
that
so that he and her sister can live comfortably. It is alleged
at
the victim girl on acco unt of Sllch dejection, on 20.0 1.20 24
.. d
abou t 4.00 pm com mitte d s uici e from the hous e of her uncle
ed
situated at Nam biark unnu in CheeraI Amsom. It is also alleg
th part
that the accused had insisted e Victim girl to sent her nude
th er
of her uppe r body to him from e lllobile phon e of her moth
such
and after doin g such things rhe Victim had also delet ed

I
 2; 4

d · alleged
image. Hence the accuse 15 to have committed the offences
punishable under Sec. 174 Cr. PC altered into 305 IPC and Sec. 12
r/w 11 (ii) (iv) of Protection of Children from Sexual Offences Act,
2012.

3. The counsel appearing for the petitioner/accused

contended that the petitioner is a young boy aged 20 years and he is
totally innocent of the allegations. The victim had some issue with
her teachers in the school in connection with selling of coupons
supplied by the school authority to her for collecting money for the
annual day celebration to be held in the school. The learned counsel
also produced photocopy of a news item published in a on-line
media in support of such contention. Thus according to the learned
counsel the petitioner has never committed any sort of offences
either under penal code or poCSO Act. He has no criminal
antecedents. Hence he may released on regular bail.

4. The petiti'oner was arrested on 26.01.2024 and

when he was produced b c th learned Magistrate, his judicial
e1ore e
custody was ordered.

5. . Was
Not1ce •
to the learned Special Public
give 11 . . d' .
Prosecutor . Investigatin . d his obJections. Case 1ary 1s
g Officer fi1e
produced for perusal.

6. Heard both .
s1ctes,
7. Th cutor submitted that the
e learnec1 public prose
 Crl.M.C No.134/2 024

I 3/4

investigation is under way and is in preliminary stage. On going

through the case diary it is seen that involvement of the petitioner in
the crime is reveale d from the stateme nts of the witnesses
questioned so far. There are prima facie materials to show that the
victim used to chat with accused through instagram and other social
medias by using the mobile phone of her mother, her friend and her
uncle. The mobile phone seized from the accused and his social
media accounts retrieved show that he had simultaneous nexus with
the sister of the victim girl as well as with many other women. So
prima facie there are materials in support of the allegation levelled
against the petition er, which according to me is suggestive of the
wicked intentio n possessed by the petitioner/accused towards the
minor victim. The images sent and deleted by the victim to the
accused is yet to be retrieved through scientific method.

Hence I am of the considered view that it is prematu re to

release the petitioner on bail at this stage. Hence, the petition is to
be dismissed.

In the result, the petition is dismissed.

(Dictated to the Confidential Assistant transcribe d and typed by her,

· open Court, on' this, the 21 th day of February,
corrected and pronounc ed by me in
2024.)

~~
SPECIAL JUDGE (under the PoCSO Act)
(ADDrn oNAL SESSIONS JUDGE-I)