ANU MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.628/2018 of Koipuram Police Station, Pathanamthitta. She is the 1st accused. This case is registered against the petitioner and another alleging offences punishable under Ss. 11 and 12 of the Protection of Children from Sexual Offence Act, 2012, Sec. 3 of the Indecent Representation of Women (Prohibition) Act, 1986, Sec. 354A, 354D, 292A, 290, 507, 503, 465, 466, 500, 509 IPC and Sec. 67, 66(A) and 66(E) of the Information Technology Act, 2000.

(2.) This is the second bail application filed by the petitioner under Sec. 438 Cr.P.C. The earlier bail application was dismissed by this Court as per Annexure-A12 order. When this bail application came up for consideration on 22/6/2022, it was submitted that as on that day the petitioner is not available in India. Therefore this Court dictated an order in open court dismissing the bail application as not maintainable in the light of the judgment of this Court in Shafi S.M. v. State of Kerala and Anther [2020 (4) KHC 510]. After dictating the judgment and before even typing the judgment by my Personal Assistant, it is bring to the notice of this Court about a judgment of this Court delivered on the same day in which the judgment in Shafi's case (supra) is distinguished. That was a judgment delivered in Vijay Babu v. State of Kerala. (Order dtd. 22/6/2022 in B.A.No.3475 of 2022). Hence this case was posted as "to be spoken" on 24/6/2022. Heard the counsel for the petitioner and the Additional Director General of Prosecution.

(3.) Admittedly the petitioner was in Kuwait at the time when this bail application was filed and when the matter came up for consideration on 22/6/2022. Therefore this Court was not inclined to entertain this bail application in the light of the judgment in Shafi's case (supra). It will be better to extract the relevant portion of that judgment in Shafi's case (supra):