Xxxxx vs State Of Kerala
2021 Latest Caselaw 23963 Ker

                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

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

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