Kerala High Court
Sreejith Unni vs State Of Kerala on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.33 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN CRMP 1028/2020 DATED 17-11-2020 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AG
CRIME NO.1395/2020 OF Poojappura Police Station ,
Thiruvananthapuram
PETITIONER/ACCUSED :-
SREEJITH UNNI
AGED 30 YEARS
S/O. VIJAYAKUMARAN NAIR,
RESIDING AT T.C.19/124,
MANAKARATHALA VEEDU, THIRUMALA P.O.,
NOW RESIDING AT KULATHINKARA,
PURAMPOKKUVEEDU, NEAR KALLARAMDOM TEMPLE, THIRUMALA,
THIRUVANANTHAPURAM DISTRICT,
PIN-695 006
BY ADV. SRI.J.R.PREM NAVAZ
RESPONDENT :-
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,PIN-682 031
C.N.PRABHAKARAN - SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.33 OF 2021
2
ORDER
Dated this the 24th day of March 2021
The petitioner is the first accused in Crime
No.1395 of 2020 of Poojappura Police Station,
Thiruvananthapuram District registered for the
offences punishable under Sections 363, 366, 341,
506, 376 r/w Section 34 of the Indian Penal Code and
under Sections 3 r/w 4, 16 r/w 17, 19(1)(b) r/w
Section 21 of the POCSO Act.
2. The investigating officer at the time of his
arrest seized three mobile phones from his
possession and produced the same before the court as
T.No.392 of 2020. The petitioner has filed
Crl.M.P.No.1028 of 2020 with a request to release
the mobile phones seized from his possession by the
investigating agency. As per an order dated
17.11.2020 the court below dismissed the
application. Challenging the said order this Crl.M.C
has been filed by this petitioner.
3. The offences alleged against this petitioner
are grave and serious in nature. The victim involved
Crl.MC.No.33 OF 2021
in this case is a minor child. There is allegation
of rape and and aggravated sexual assault on her,
after abducting her from her lawful custody.
4. The learned Public Prosecutor has opposed
the application mainly contending that the
petitioner is involved in 19 other cases and KAAPA
proceedings have also been initiated against this
petitioner and some cases are under investigation.
Considering the criminal antecedents of this
petitioner as well the serious nature of allegation
raised against him in this case of having abducted a
minor child and committed rape on her, I find
absolutely no justifiable reason to interfere with
the order of the court below. The investigation of
the case is only in progress. What all materials
have to be collected for proceeding with the
investigation is a matter to be decided by the
investigating agency.
Therefore, this Crl.M.C is dismissed.
Sd/-
SHIRCY V.
JUDGE
SMA
Crl.MC.No.33 OF 2021
APPENDIX
PETITIONER'S/S ANNEXURES :-
ANNEXURE-1 THE TRUE COPY OF THE ORDER DATED
17.11.2020 PASSED BY THE COURT OF
ADDITIONAL SESSIONS JUDGE, FOR THE TRIAL
OF CASES RELATING TO ATROCITIRES AND
SEXUAL VIOLENCE AGAINST WOMEN AND
CHILDREN THIRUVANANTHAPURAM IN
CRL.M.P.1028 OF 2020 IN CRIME NO.1395 OF
2020 OF POOJAPPURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
RESPONDENT(S) ANNEXURE : NIL
//TRUE COPY//
PA TO JUDGE
