IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(CRL.) NO. 539 OF 2022
PETITIONER:
XXX
xxxxx
BY ADVS.
PRASOON SUNNY
RITTY K.REJI
RESPONDENTS/S:
1 DIRECTOR GENERAL OF POLICE,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695010.
2 CHAIRPERSON,
KERALA STATE WOMEN'S COMMISSION NEAR LOURDES
CHURCH, P.M.G JUNCTION, PATTOM P.O,
THIRUVANANTHAPURAM-695 004
3 COMMISSIONER OF POLICE,
THIRUVAMBADY ROAD, THRISSUR, PIN - 680022.
4 STATION HOUSE OFFICER,
VIYYUR POLICE STATION, VIYYUR P.O, THRISSUR, PIN -
680001
5 CYBER CELL,
THRISSUR CITY, DISTRICT POLICE OFFICE, SAKTHAN
NAGAR, THRISSUR, PIN - 680001.
6 MOHAMMED ASHIF PARAKUNDIL,
AGED 25 YEARS
S/O ABDUL KALAM AZAD PARAKUNDIL, PARAKUNDIL HOUSE,
MANHACHOLA, KALPAKANCHERY P.O. MALAPPURAM PIN - 676
551
SMT T V NEEMA-SR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No. 539 of 2022
..2..
JUDGMENT
The victim in Crime No. 727/2021 of Viyyur police station is the petitioner. The 6 th respondent therein is the accused.
The offence alleged is punishable under Section 376(2)(n) of the IPC.
2. The prosecution case in short is that the 6 th respondent committed rape on the petitioner, after giving a false promise of marriage. The 6th respondent filed an application for anticipatory bail, which was dismissed. Thereafter, it is alleged that the 6 th respondent left to Abudabi. The grievance of the petitioner is that the Investigating Agency is not taking any steps to bring back the 6th respondent from Abudabi so as to complete the investigation.
3. Last time, when the case came up for hearing, I directed the learned Senior Public Prosecutor, Smt. Neema T V to ascertain about the steps taken to bring back the 6 th respondent from Abudabi.
4. Today, the learned Senior Public Prosecutor, on instructions, submits that a request was already submitted to the W.P.(Crl) No. 539 of 2022 ..3..
Judicial First Class Magistrate's Court-I, Thrissur on 23.11.2021 for impounding the passport of the 6th respondent, and look out notice was also issued against him on 26.11.2021. The learned Public Prosecutor further submits that earnest effort is being taken to bring back the 6th respondent to India.
In these circumstances, this Writ Petition is disposed of with a direction to the 4th respondent to take all the steps available under the law to bring back the 6th respondent from Abudabi and to complete the investigation at the earliest.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV W.P.(Crl) No. 539 of 2022 ..4..
APPENDIX OF WP(CRL.) 539/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO. 727/2021 REGISTERED BY VIYYUR POLICE STATION, THRISSUR DATED 19/10/2021.
Exhibit P2 TRUE COPY OF THE ORDER OF THE BAIL APPLICATION NO. 8768/2021 DATED 15/02/2022 OF THIS HONOURABLE COURT.
Exhibit P3 TRUE COPY OF RENT AGREEMENT DATED 06/08/2021 ENTERED BETWEEN THE PETITIONER AND HOUSE OWNER SMT.SUNITHA SASI. Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS OF THE MARRIAGE BETWEEN THE PETITIONER AND THE 6TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION TO THE DIRECTOR GENERAL OF POLICE DATED 2/04/2022 FILED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO CHAIRPERSON, KERALA STATE WOMEN'S COMMISSION DATED 2/04/2022. Exhibit P7 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO COMMISSIONER OF POLICE, THRISSUR DATED 2/04/2022.
Exhibit P8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO STATION HOUSE OFFICER, VIYYUR POLICE STATION DATED 2/04/2022. Exhibit P9 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO HON'BLE CHIEF MINISTER OF KERALA DATED 2/04/2022.
Exhibit P10 TRUE COPY OF THE SCREEN SHOTS OF THE MESSAGES DATED 18-62022.
Exhibit P11 TRUE COPY OF THE EMAIL DATED 16/05/2022 ALONG WITH COMPLAINT FILED BEFORE THE 5TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE ONLINE NEWS REPORT OF INDIA TODAY DATED 30/05/2022.
Exhibit P13 TRUE COPY OF THE ONLINE NEWS REPORT OF MANORAMA DATED 31-5 2022.