Kerala High Court
Manaf vs State Of Kerala on 12 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
Bail Appl..No. 7821 of 2018
CRIME NO. 2712/2012 OF Town East Police Station , Thrissur
PETITIONER/S:
MANAF,
AGED 34 YEARS
S/O.ABDULLA, KOTTILIGAL HOUSE, VELLARAKKAD VILLAGE
DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.
BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI. SAIGY JACOB PALATY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A.No. 7821 of 2018
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Dated this the 12th day of March, 2019
ORDER
The petitioner is the sole accused in Crime No. 1445/2012 of Viyyoor Police Station, Thrissur district, registered on 28.11.2012, for offences punishable under Sec. 376 of the I.P.C. and Secs.4, 17 and 18 of the POCSO Act, 2012. Later the said crime was transferred to the Thrissur East Police Station, wherein the said crime was renumbered as Crime No.2712/2012.
2. During the course of the investigation, offences under Secs.4, 17 and 18 of the POCSO Act have been deleted as the alleged incidents have taken place on 2.4.2012, at a point of time, long before the coming into force of the POCSO Act, which came into force only on 28.11.2012. The petitioner has been abroad and he has not been so far interrogated by the investigation agency. Accordingly, after the formal completion of the investigation, the investigation agency has filed final report/charge sheet as absconding charge in respect of the abovesaid crime before the Judicial First Class Magistrate's Court, Thrissur, on 31.12.2018 and look out circular has been pending against the petitioner from June 2018, as he was treated as B.A.7821/18 - : 3 :-
absconding accused.
3. It is now submitted by the learned Prosecutor on the basis of the written instructions of the investigating officer concerned that since the investigation has been formally completed and the final report/charge sheet has already been filed before the Judicial First Class Magistrate's Court concerned on 13.12.2018 as absconding charge, there is no necessity for the investigating officer to arrest the petitioner in the abovesaid crime. Further it is also submitted by the learned Prosecutor on the basis of the instructions of the investigating officer concerned that the petitioner will have to co-operate with the investigation for due completion of other formalities like potency test, as the same could not be completed earlier only because the petitioner was not available for being questioned and interrogated by the investigating officer concerned. It is now pointed out by Sri.Rajit, learned counsel for the petitioner that the petitioner is working in a gulf country and he intends to come back to Kerala without any further delay and that the petitioner would fully co-operate with the investigating officer and would also make himself available for interrogation and for the conduct of the potency test and that this Court may issue necessary directions to ensure that the petitioner's B.A.7821/18 - : 4 :-
arrest is averted so that he can avail the benefit of the bail, etc.
4. Having regard to the facts and circumstances of this case, the following orders and directions are passed:
The petitioner will personally appear before the investigating officer concerned in relation to Crime No. 2712/ 2012 of Thrissur East Police Station at 10 a.m. on any day on or before 31.3.2019 and shall subject himself for interrogation if necessary, by the investigation officer concerned and investigating officer will also ensure that the petitioner will also co-operate with the conduct of the potency test through the competent hospital concerned, if it is so insisted by the investigating officer concerned. Since the investigating officer has taken the clear stand that the arrest of the petitioner is not required, it is for the petitioner to personally appear before the jurisdictional Magistrate court concerned immediately after the completion of the abovesaid process including the conduct of the potency test and to make necessary applications for grant of bail and for recall of non-bailable warrant, in respect of the abovesaid crime and the said court will consider the said applications on the same day and pass orders thereon on the same day taking note of the abovesaid fact that the investigation has been almost completed and the categoric stand of the investigating officer that the arrest or detention of the petitioner is not necessary in this crime. However, in the interest of justice, it is ordered that until the learned Magistrate passes orders on the application for bail to be submitted by the petitioner as aforestated, all further coercive steps including the non- bailable warrant and the look out circular, etc. in respect of the abovesaid crime, shall be kept in abeyance. It is made clear that in case the petitioner does not appear before the investigating officer concerned within the abovesaid time limit and he does not co-operate with the investigating officer and complies with the other directions including the B.A.7821/18 - : 5 :-
direction to appear before the learned Magistrate, etc., the benefit of the abovesaid direction to keep in abeyance the non-bailable warrant and other proceedings, etc. will stand automatically vacated without any further orders from this Court.
With these observations and directions, the above Bail Application stands disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE