Shanavas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Crl.MC.No. 7337 of 2014 () --------------------------- CRIME NO. 734/2014 OF NEYYARDAM POLICE STATION, THIRUVANANDAPURAM RURAL DISTRICT ------------ PETITIONER(S)/ACCUSED NO.1 :- -------------------------------- SHANAVAS, AGED 35 YEARS S/O.M.ALIYARUKUNJU, M.A.K.HOUSE, MANNOORKARA VILLAGE KATTOOR P.O., THIRUVANANTHAPURAM.

BY ADV. SMT.V.P.SATHI RESPONDENT(S)/STATE/COMPLAINANT :- ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SRI.RASHEED C. NOORANAD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt

CRL.M.C.No.7337 OF 2014 APPENDIX Petitioner's Exhibits :- Annexure I :- True copy of the complaint before the Deputy Superintendent of Police, Nedumangad dtd.22.10.2014. Annexure II :- True copy of the F.I.R. dtd.24.10.2014.

Respondent's Exhibits :- NIL.

//True Copy// P.A. to Judge

P.BHAVADASAN, J.

----------------------------- Crl.M.C. No.7337 of 2014 -------------------------------------- Dated this the 30th day of December 2014

O R D E R

The only prayer in this petition is for a direction to the court concerned to consider the bail application to be moved by the petitioner on the date of his surrender in view of the principle laid down in Shanu v. State of Kerala [2000 (3) KLT 452].

2.

The petitioner stands accused of having committed offences punishable under Secs.342, 354 and 506(i) r/w Sec.34 of IPC and Sec.3(1)(xi) of SC/ST (POA) Act, 1989 and Secs.12 & 17 of Protection of Children from Sexual Offence Act in Crime No.734 of 2014 of Neyyardam Police Station.

3.

The petitioner heavily relies on Annexure-I in support of the plea that he is innocent and that he is falsely implicated in the case. Whatever that be, this Court cannot go into the question of veracity in the nature of allegations at this point of time and in view of the limited prayer made in this petition. Hence, this petition is disposed of directing the court

Crl.M.C. No.7337 of 2014 -: 2 :- concerned to consider the bail application to be filed by the petitioner in case he surrenders before the court within two weeks from the date of receipt of a copy of this order, in view of the principle laid down in Shanu v. State of Kerala [2000 (3) KLT 452] and also in the light of Annexure-I produced along with this petition, if possible on the same day of surrender itself. Sd/- P.BHAVADASAN, JUDGE.

Jvt