STATE OF KERALA Vs. CIVIC CHANDRAN

JUDGEMENT

(1.) Heard the learned Director General of Prosecution, Sri. T.A. Shaji and Smt. Veena Hari, the learned counsel appearing for the respondent.

(2.) Prima facie, it appears that there was improper exercise of jurisdiction by the learned Sessions Judge while admitting the accused to bail. Irrelevant materials of substantial nature are seen relied on to grant bail. The finding in the impugned order that Sec. 354A of IPC will not be prima facie attracted, if the victim was wearing sexually provocative dress cannot be justified.

(3.) In these circumstances, the impugned order shall stand stayed till the disposal of this Crl.M.C. However, considering the age of the accused, he shall not be arrested till the disposal of the Crl.M.C. Call for the entire records. Post immediately after Onam holidays.