Riyazudheen vs State Of Kerala
2021 Latest Caselaw 6104 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      Crl.MC.No.219 OF 2021(F)

   AGAINST THE ORDER/JUDGMENT IN SC 251/2020 OF THE ADDITIONAL
  DISTRICT AND SESSIONS COURT-I (SPECIAL COURT POCSO), MANJERI

     CRIME NO.147/2017 OF Wandoor Police Station , Malappuram


PETITIONER:

              RIYAZUDHEEN
              S/O. JAMAL MUAHMMED,
              THONDIYIL HOUSE, MUNDAKKODE,
              THEKKUMPURAM, THUVOOR, MALAPPURAM-679327.

              BY ADV. SRI.P.M.RAFIQ

RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM-682031.


OTHER PRESENT:

              SR.PP.C.N.PRABHAKARAN

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.219 OF 2021(F)               2


                                    ORDER

Dated this the 19th day of February 2021

The petitioner is the sole accused in SC. No.251/2020 of

the Additional District and Sessions Court-I (Special Court

POCSO), Manjeri alleging commission of offences punishable

under Sections 363, 376(2)(i) of the Indian Penal Code and

under Section 4 read with Section 3(a) of the Protection of

Children from Sexual Offences Act.

2. The petitioner was not arrested during the crime

stage and an absconding charge was filed. The petitioner is

desirous of surrendering before the trial court and moving

an application for bail, but apprehends that the court may

remand him to custody. The prayer in this Crl.M.C is for a

direction to the Sessions court to consider the bail

application on the date of his surrender.

Considering the nature of the allegations and that the

petitioner was not arrested during the crime stage and

absconding charge sheet had to be filed, I am not inclined

to direct the trial court to pass orders on the petitioner's

bail application, on the date of surrender itself. The

petitioner should seek his remedies before the trial court.

The Crl.M.C is dismissed.

Sd/-

V.G.ARUN JUDGE ska