Disposed

Latheef P. v. the State of Kerala

Kerala HC17 Dec 2020Crl.MC/5770/2020

Case brief

AI extract

What is this about?

In an application connected to a case involving offenses under Section 354 A IPC and POCSO, the High Court permitted the petitioner to surrender before the Sessions Court to file a bail application subsequently.

What did the court decide?

Petitioner permitted to surrender before the Additional Sessions Court-I, Kasaragod and move an application for bail with advance notice to the Public Prosecutor.

Latheef P. Vs the State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2020)

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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 V.G.ARUN

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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Crl.MC.No.5770 OF 2020(A)

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SC 546/2019 OF ADDITIONAL SESSIONS COURT - I, KASARAGOD CRIME NO.631/2017 OF Badiadukka Police Station , Kasargod

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PETITIONER/S:

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LATHEEF P. AGED 32 YEARS S/O. ABDUL RAHIMAN, RESIDING AT DOOR NO.KGP 3/237, PUTHRODI HOUSE, KUDLU, KUMBADAJE VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT.

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BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE STATION HOUSE OFFICER BADIADKA POLICE STATION, KASARAGOD DISTRICT - 671 551.

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OTHER PRESENT:

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PP SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5770 OF 2020(A)

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ORDER

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Dated this the 17^th day of December, 2020

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Petitioner is the accused in S.C.No.546 of 2019 pending before the Additional Sessions Court-I, Kasaragod. The case arises out of Crime No.631 of 2017 registered at the Badiadka Police Station registered for offences under Sections 354 A of IPC and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. According to the petitioner, even though summons was received for appearance before the court on 15.01.2020, he was not able to appear on that day, since one of his sureties withdrew at the last moment. It is the petitioner's case that due to the Covid pandemic and resultant lockdown, the case was adjourned by notification on the subsequent dates and in the meanwhile, his Counsel fell ill and passed away on 24.03.2020. It is stated in the Crl.M.C that the petitioner

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Crl.MC.No.5770 OF 2020(A)

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has filed Crl.M.C.No.219 of 2020 seeking to quash the proceedings against him. The prayer in this Crl.M.C is for a direction to the learned Sessions Judge to consider the bail application to be filed by the petitioner on the date of his surrender itself.

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Considering the limited relief sought, the Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Additional Sessions Court-I, Kasaragod in S.C.No.546 of 2019 and move an application for bail with advance notice to the Public Prosecutor concerned. In such event, the learned Magistrate may consider the bail application on the date of surrender and pass appropriate orders thereon.

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Sd/- V.G.ARUN JUDGE

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Scl/17.12.2020

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Crl.MC.No.5770 OF 2020(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 16.11.2017 IN CRIME NO.631/2017 OF BADIADKA POLICE STATION.

Latheef P. v. the State of Kerala

Case brief

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Latheef P. v. the State of Kerala

Case brief

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