Dismissed

Arun @Achu v. State of Kerala

Kerala HC16 Feb 2018Bail Appl./348/2018

Case brief

AI extract

What is this about?

In this anticipatory bail application filed before the High Court of Kerala, the applicant sought relief while being an accused in a case involving sexual offences and atrocities. The court dismissed the application noting that a charge sheet had already been filed, making consideration of bail by the High Court improper; the applicant should approach the trial court under Section 227 Cr.P.C. inst

What the court decided

AI extract

Arun @Achu Vs State of Kerala — Caste Atrocities | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939

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Bail Appl..No. 348 of 2018

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CRIME NO. 797/2017 OF PARAVOOR POLICE STATION , KOLLAM

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PETITIONER/ACCUSED NO.3

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ARUN @ACHU, AGED 20 YEARS,S/O.RATHESH,CHARUVILA VEEDU, EZHIPPURA CHERY,KALLUVATHUKKAL,KOLLAM.

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BY ADV.SRI.M.R.SASITH

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RESPONDENTS:

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STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM-682031.

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THE SUB INSPECTOR OF POLICE,

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PARAVOOR, KOLLAM-690001.

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BY SR.PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.NARAYANA PISHARADI, J ******************************** B.A.No.348 of 2018

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Dated this the 16^th day of February, 2018

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O R D E R

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This is an application for anticipatory bail filed under Section 438 Cr.P.C.

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The petitioner is the 3^rd accused in the case registered as Crime No.797/2017 of the Paravoor police station, Kollam under Sections 366A, 450 and 376 read with 34 I.P.C and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and also under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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When the bail application came up for hearing before this Court today, the learned Public Prosecutor submitted that the final report (charge-sheet) in the case has already been filed in the Principal Sessions Court, Kollam as early as in the month of August, 2017. Then, the learned counsel for the petitioner submitted that the allegations in the first information statement

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B.A.No.348/201

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given to the police by the de facto complainant are not sufficient to implicate the petitioner for the offences mentioned in the final report. In this connection, it is to be noted that as per Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, no anticipatory bail can be granted to a person accused of an offence under that Act. But, the learned counsel for the petitioner would submit that the allegations against the petitioner do not constitute any offence under the aforesaid Act.

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As final report has already been filed in the competent Court, it is not proper for this Court now to consider whether the allegations against the petitioner in the final report constitute the offences alleged against him. It is for the petitioner, if advised to do so, to make appropriate application under Section 227 Cr.P.C before the trial court at the appropriate stage. The application is liable to be dismissed.

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In the result, the application is dismissed.

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(sd/-)

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R.NARAYANA PISHARADI, JUDGE

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jsr

Arun @Achu v. State of Kerala

Case brief

What is this about?

What the court decided

Arun @Achu v. State of Kerala

Case brief

What is this about?

What the court decided

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