Citation : 2023 Latest Caselaw 10189 Ker
Judgement Date : 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
CRL.MC NO. 7687 OF 2023
CRIME NO.694/2018 OF Vadakkekara Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT SC 686/2019 OF FAST TRACK SPECIAL
COURT, NORTH PARAVUR
PETITIONER/S:
AJIV KUMAR ALIAS BABU,AGED 51 YEARS,S/O KRISHNAN,
AMBALAKKAD HOUSE, PIRAYIRI VILLAGE, POODUR,
KODUNTHIRAPULLY (POST), PALAKKAD DISTRICT, PIN - 678004
BY ADVS.
THAREEQ ANVER K.
P.K.MOHANAN(PALAKKAD)
RESPONDENT/S:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
ADV. SRI. NOUSHAD K.A., SR. P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No.7687/2023 -2-
ORDER
The petitioner is the 2nd accused in SC 686/2019 of Fast Track Special Court,
North Paravur alleging commission of offences under Sections 11 (iv), 11 (v), 13 (a),
14 (i) of the Protection of Children from Sexual Offences Act, 2012 and Sections
66C, 66E, 67 (B), (b) and (d) of the Information Technology Act, 2000.
2. The allegation against the petitioner/2 nd accused is that the 1 st accused
had activated the SIM card (which was also allegedly used for commission of
offence) from mobile shop of the petitioner.
3. The learned counsel appearing for the petitioner would submit that the
only prayer made in this Crl. M.C is for a direction to the Fast Track Special Court,
North Paravur where SC 686/2019 is pending, to consider any bail application that
may be filed by the petitioner on the date of surrender itself.
3. The learned Public Prosecutor has no objection in such a relief being
granted to the petitioner.
4. Accordingly this Crl. M.C is disposed of directing that if the petitioner
surrenders before the Fast Track Special Court, North Paravur in SC 686/2019
within a period of one week from today, any bail application that may be filed shall
be considered and disposed of by that court also having due regard to all allegations
raised against the petitioner, on the same day. Till the bail application of the
petitioner is considered as above, further coercive steps against the petitioner shall
remain suspended.
Sd/-
GOPINATH P.
JUDGE AMG
APPENDIX OF CRL.MC 7687/2023 PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF POLICE CHARE DATED 30.07.2018 IN VADAKKEKKARA POLICE STATION CRIME NO.694/18
Annexure 2 TRUE COPY OF THE PROCEEDINGS OF THE FAST TRACK SPECIAL COURT ALUVA DATED 30.01.2023 IN SC 686/19
Annexure 3 TRUE COPY OF THE NOTICE AFFIXED ON THE RESIDENCE OF THE PETITIONER
Annexure 4 TRUE COPY OF THE NOTICE ADDRESSED TO ONE OF THE SURETIES OF THE PETITIONER
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