IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
CRL.A NO. 877 OF 2021
AGAINST THE ORDER DATED 18.11.2021 OF ADDITIONAL DISTRICT & SESSIONS
COURT FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
TOWARDS WOMEN AND CHILDREN, KOZHIKODE IN CRIMINAL MISCELLANEOUS CASE
NO.298/2021
APPELLANT/ACCUSED:
XXXXX
XXXXX
XXXXX
XXXXX
BY ADVS.SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-31.
BY PUBLIC PROSECUTOR SMT.SHEEBA THOMAS
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13.12.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Criminal Appeal No.877 of 2021
2
JUDGMENT
Dated this the 13th day of December, 2021 This appeal is directed against an order passed by Additional District and Sessions Judge for trial of cases relating to Atrocities and Sexual Violence towards Women and Children, Kozhikode (for short 'the court below') on 18.11.2021 in Crl.Miscellaneuos Case No.298/2021 in Crime No. 840/2021 of Perambra Police Station. Crl.M.C.No.298/2021 is an application filed by the petitioner before the court below seeking for pre-arrest bail under Section 438 of the Code of Criminal Procedure (for short the Cr.P.C.). Crime No.840/2021 was registered against him by Perambra Police alleging commission of offences punishable under Sections 354, 354(A)(1)(i) of Indian Penal Code (for short 'the IPC'), 3(1) (w)(i), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') and under Section 8 read with Section 7 of Protection of Children from Sexual Offences Act, 2012.
Criminal Appeal No.877 of 2021 3
2. The application was dismissed by the court below for the reason that the allegations of the victim involve much gravity and therefore the case is totally an unfit one to invoke jurisdiction under Section 438 Cr.P.C. The victim was a minor girl aged 15 years. This Court also finds on a reading of the FIS lodged by the victim that the allegations are of much gravity. Therefore, the court below is perfectly justified in dismissing the application seeking pre-arrest bail by the impugned order. Appeal fails and is dismissed.
It is submitted by the learned counsel that petitioner is prepared to surrender before the Investigating Officer and to co- operate with the investigation proceedings. Accordingly the petitioner is directed to surrender before the Investigating Officer and the latter is directed to avail the opportunity to interrogate the petitioner and to act appropriately in accordance with law.
Sd/-
MARY JOSEPH JUDGE MJL Criminal Appeal No.877 of 2021 4 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE - I A TRUE COPY OF THE F.I.R IN CRIME NO.840/2021 OF PERAMBRA POLICE STATION, KOZHIKODE DATED 23.09.2021.
ANNEXURE - II THE PHOTOGRAPH SHOWING THE SHOP ROOM OF THE PETITIONER.
RESPONDENT'S ANNEXURES: NIL
TRUE COPY
P A TO JUDGE