Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 (CRIME NO. 688 OF 2021 IN VELLARIKUNDU POLICE STATION, KASARAGOD) PETITIONER/S: SAJESH AGED 21 YEARS S/O SIBI, PATHIKKUNNEL HOUSE PALLATHUMALA, PARAPPA VILLAGE KASARGOD - PIN - 671533 BY ADVS. AMRITA ARUN ROSIN JOSEPH MUHAMMED YASIL AISWARIYA LEKSHMI LAL RESPONDENT/S: 1 STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM PIN - 682018 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX 3 STATION HOUSE OFFICER (CRIME NO. 688 OF 2021 OF VELLARIKUNDU POLICE STATION) KASARAGOD DISTRICT.- PIN - 671533 PP - NOUSHAD K.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
B.A. No. 514 of 2022 Dated this the 31st day of May, 2022
ORDER
This is an application for pre-arrest bail under Section 438 of Cr.P.C.
2. Petitioner is the sole accused in Crime No.688
of 2021 of Vellarikundu Police Station, Kasaragod. The offences alleged against the petitioner are punishable under Sections 363, 376(2)(n) of IPC and Section 6(1), 5(j)(ii), 5(1) of POCSO Act.
3. The learned counsel for the petitioner
submitted that, though this Court had protected the petitioner from arrest by an interim order dated 24.02.2022 which continues till date, the Investigation into the alleged crime has been completed. The learned counsel for the petitioner also submitted that, the final report in the said case has already been filed before the Sessions Court (Special Court for Trial of Offences against Women and Children, Kasaragod). In view of the above submission, this application has become infructuous and the petitioner is at liberty to move appropriate application before the Sessions Court. Sd/- BECHU KURIAN THOMAS JUDGE LU APPENDIX OF BAIL APPL. 514/2022 PETITIONER ANNEXURES ANNEXURE 1 A TRUE COPY OF THE FIR DATED 24-11- 2021 AND FI STATEMENT OF THE DE FACTO COMPLAINANT. ANNEXURE 2 A TRUE COPY OF THE WEDDING INVITATION OF THE MARRIAGE BETWEEN PETITIONER AND DE FACTO COMPLAINANT. // True Copy // PA To Judge