Shaji Mathew vs The State Of Kerala
2021 Latest Caselaw 10216 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE K.HARIPAL

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                          CRL.A.No.27 OF 2021

  AGAINST THE ORDER IN CRL.M.C. 2505/2020 OF DISTRICT & SESSIONS
                         COURT, ERNAKULAM

    CRIME NO.460/2020 OF KALAMASSERY POLICE STATION, ERNAKULAM


PETITIONER/3RD ACCUSED:

             SHAJI MATHEW
             AGED 49 YEARS
             S/O.MATHEW, THOPPIL HOUSE,
             PADAMUHAM P.O.,
             IDUKKI DISTRICT,
             PIN - 685 604.

             BY ADV. SRI.JACOB E SIMON

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

      1      THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM,
             PIN - 682 031.

      2      XX
             XX



             BY SRI. K.B.UDAYAKUMAR, SENIOR PUBLIC PROSECUTOR

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. Appeal No.27 OF 2021           2




                               JUDGMENT

This is an appeal filed under Section 14A of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989, hereinafter referred to as the Act, challenging the order of

the Additional Sessions Judge, Ernakulam in Crl.M.C.No.

2505/2020. The appellant is the third accused in Crime

No.460/2020 of Kalamassery Police Station, registered alleging

offence punishable under Sections 370, 354, 354A(2), 376(2)(h),

(k),(l),(n), 506(ii) of the Indian Penal Code, Sec. 6 r/w. 5(k)(l)(p)

(q), Sec. 10 r/w. 9(k)(l)(p)(q), Sec.8 r/w. 7 of POCSO Act 2012,

Sec. 79 JJ Act, 2015 and Sec. 3(1)(w)(i), 2(v)(va) of SC/ST

(POA) Act (Amendment 2015).

2. The allegation against the third accused is that he had

facilitated the transport of the victim minor girl, who belongs to

Scheduled Caste community from her residence in Madhya

Pradesh, brought her to Kerala and facilitated her sexual

exploitation. Consequent to such acts, the first accused abused

her sexually and she became pregnant.

3. I heard the learned counsel for the appellant and also

the learned Special Public Prosecutor.

4. It is evident from the pleadings and records made

available before court that the victim girl hails from Madhya

Pradesh; the allegation against the appellant/the third accused is

that he had facilitated the girl for trafficking from Madhya

Pradesh. But materials could not be brought out to say that he is

instrumental in the movement of the girl from Madhya Pradesh

to Kerala or had anyway assisted the first accused in the inter-

State trafficking of the girl.

5. Even though notice was sent to the victim as

provided under sub-section (5) of Section 15A of the Act, no one

has entered appearance for her and her version could not be

gathered. Even though the allegation against accused 1 and 2 are

very serious, at least at this stage, the allegation against the

appellant/third accused cannot be taken on par with them.

Allegations against him are comparatively light.

6. Considering all the aspects and also the report of the

Investigating Officer, it does not seem that this is a case

requiring custodial interrogation of the appellant/third accused.

Therefore, I am convinced that this a fit case for granting

anticipatory bail.

7. The Criminal Appeal is allowed subject to the

following conditions:-

i) The appellant shall appear before the Investigating Officer within seven days from today and will make himself available for interrogation;

ii) In the event of arrest, the appellant shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) He shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with evidence;

iv) He shall not involve himself in any crime during the period on bail;

v) He shall appear before the Investigating Officer/court as and when required;

vi) He shall strictly abide by the various guidelines issued by the State Government and the Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the appellant, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.

The Criminal Appeal is allowed, as above.

SD/-

K.HARIPAL

JUDGE

DCS/25.03.2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A A TRUE COPY OF THE FIR IN CRIME NO.460/2020 OF KALAMASSERY POLICE STATION ALONG WITH THE STATEMENT OF THE DEFACTIO COMPLAINANT.

ANNEXURE B A TRUE COPY OF THE REPORT OF THE INVESTIGATING OFFICE DATED 10/10/2020 SUBMITTED BEFORE THE SESSIONS COURT IN CONNECTION WITH CRIME NO.460/2020 OF KALAMASSERY POLICE STATION.

ANNEXURE C A CERTIFIED COPY OF THE ORDER PASSED BY THE COURT OF SESSION (VACATION COURT) ERNAKULAM DIVISION DATED 31/12/2020 IN CRL.M.C.NO.2505/2020.

ANNEXURE D A TRUE COPY OF THE STATEMENT OF FACTS SUBMITTED BY THE INVESTIGATING OFFICER IN THE COURT OF SESSION (VACATION COURT) ERNAKULAM DIVISION ON 31/12/2020.