Samim Aktar vs State Of Kerala
2023 Latest Caselaw 10842 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      BAIL APPL. NO. 8189 OF 2023
    CRMP 536/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
   Crime No.457 of 2023 of Nedumbassery Airport Police Station,

                                 Ernakulam

PETITIONER/ACCUSED :

            SAMIM AKTAR
            AGED 19 YEARS
            S/O SAHEDUL S.K, GUDIA,
            MURSHIDABAD, WEST BENGAL,
            INDIA
            BY ADV TISSY ROSE K CHERIYAN


RESPONDENT/COMPLAINANT :

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031
OTHER PRESENT:

            SRI NOUSHAD K.A. (SR PP)


     THIS   BAIL   APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.8189 of 2023
                                      2



                                ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.457 of

2023 of Nedumbassery Airport Police Station, Ernakulam, alleging

commission of offences under Section 363, 370 and 376(2)(n) of

the Indian Penal Code and Sections 4, 3(a), 6 and 5(l) of the

Protection of Children from Sexual Offences Act.

3. The allegation against the petitioners is that, the

petitioner brought 15 year old girl with him from West Bengal

without the knowledge of her parents and she started living with

the petitioner and his brother in Kerala. It is alleged that the

petitioner had subjected the minor girl to sexual abuse and had

sexual relationship with her several times. The prosecution

suspects that this is a case of human trafficking.

4. The learned counsel appearing for the petitioner

submits that the allegations against the petitioner are absolutely

false. It is submitted that the petitioner and the minor victim

were in a relationship and voluntarily come with him from West

Bengal to Kerala. It is submitted that the case came to be

registered on account of the fact that a police patrol party saw the BA No.8189 of 2023

alleged victim along with another minor girl standing at Athani

junction near the Nedumbassery Airport and on being questioned,

they informed the police team that they had come from West

Bengal and were living with the petitioner and his brother. It is

submitted that the allegations of rape and sexual abuse are

unnecessarily raised in order to put the petitioner behind bars. It

is submitted that the petitioner has completed 76 days in custody

and further detention of the petitioner may not be necessary in

the facts and circumstances of the case especially, considering the

fact that a final report has already been filed in the matter.

5. The learned Public Prosecutor opposes the grant

of bail. It is submitted that the prosecution has obtained clear

evidence that the victim in this case and the other girl were

brought to Kerala for the purposes of trafficking. It is submitted

that both the girls are minors and the victim in this case is aged

only 15. It is submitted that the offence alleged against the

petitioner is a continuing offence and though a part of it was

committed in the State of West Bengal, a final report has been

filed before the competent Court in Kerala as the offence was one

of a continuing nature. It is submitted that, since the final report

has already been filed and since all the materials are before the BA No.8189 of 2023

jurisdictional court (Special Court), that Court may be in a better

position to appreciate the claim of the petitioner for bail.

6. Having heard the learned counsel for the

petitioner and the learned Public Prosecutor, I am of the view that

the petitioner can be permitted to approach the jurisdictional

court for bail. Investigation has been completed and a final report

has been filed. The jurisdictional court may be in a better position

to appreciate as to whether the petitioner is entitled to bail and if

so, on what terms.

Accordingly, this bail application is closed. The

petitioner may approach the jurisdictional Court for bail and that

Court shall consider the bail application filed by the petitioner

untramelled and uninfluenced by the fact that this Court has not

granted bail to the petitioner.

Sd/-

GOPINATH P., JUDGE rkj BA No.8189 of 2023

APPENDIX OF BAIL APPL. 8189/2023

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN CRL.

M.C 536/2023, OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM DATED 12.09.2023