Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 CRL.A NO. 77 OF 2022 AGAINST THE ORDER DATED 07.01.2022 IN C.M.P.NO.1565/2021 OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM. CRIME NO.1955/2021 OF KADAKKAVOOR POLICE STATION APPELLANT/ACCUSED: XXXXX X BY ADV. SRI.M.R.SARIN PANICKER RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL, TRIVANDRUM 695 101. 3 Y Y BY ADVS. SMT.AMBIKA DEVI S, SPL.G.P. (ATROCITIES AGAINST WOMEN AND CHILDREN AND WELFARE OF W AND C) (GP-38) SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 16th day of February, 2022 This appeal is filed challenging an order passed by Additional Court of Sessions for trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapruam (for short ‘the court below’) on 07.01.2022 in Crl.M.P.No.1565/2021 declining to grant regular bail to the petitioner.
2. The appellant is the accused in Crime No.1955/2021 of
Kadkkavoor Police Station registered for offences punishable under Sections 363, 342, 376(2)(n), 366, 375(d) read with 376(1) of Indian Penal Code, Section 12 read with 11(iv), 6(1) read with 5(l), 4(1) read with 3(a) 3(d) of the Protection of Children from Sexual Offences (Amendment) Act, 2019, Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015.
3. As per the allegations of the prosecution, the petitioner, a young man aged 27 years, repeatedly committed penetrative sexual assault and rape on a minor girl aged 16 years on an assurance to marry her. The victim belongs to SC community and the petitioner belongs to a higher caste.
4. The petitioner was arrested and remanded to judicial
custody on 08.12.2021 and he is continuing in custody even as on date. Crl.M.P.No.1565/2021 was preferred before the court below seeking for regular bail and it was dismissed by the court by the impugned order stating that the investigation is only at its stage of inception and that the release of the petitioner would adversely impact the progress of the investigation and also the security of
the victim. The court below has also observed that on being released, the petitioner would also make inducement, threat or promise to any person acquainted with the facts and circumstances of the case, so as to dissuade him from disclosing the facts to the investigating agency and also tamper with the evidence.
5. Notice to the defacto complainant was served through the learned Public Prosecutor and evidence of service of notice is produced.
6. It is submitted by the learned counsel that the appellant
is a young man aged 27 years and has no criminal antecedents in his credit. According to him, the alleged act was committed when the victim and the petitioner were in love affair.
7. The learned Public Prosecutor has opposed the appeal
stating the very same reasons as projected in the impugned order. From the report filed by the learned Public Prosecutor it is revealed that investigation is not completed and that several criminal cases are pending against the appellant. In the above circumstances, this Court is declined to allow the appeal. The appeal fails and is dismissed. Sd/- MARY JOSEPH JUDGE NAB APPENDIX OF CRL.A 77/2022 APPELLANT’S ANNEXURES: ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CMP NO.1565/2021 BEFORE ADDITIONAL SESSIONS JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM RESPONDENT'S ANNEXURES: NIL //TURE COPY// P A TO JUDGE