DINSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the 2nd accused in Crime No.609 of 2021 of Peruvannamuzhi Police Station, Kozhikode District; now pending as S.C.No.1136/2021 of the Special Court for Trial of Offences Against Women and Children, Kozhikde, for the offences punishable under Ss. 366A and 376DA of the Indian Penal Code, 1860 and also under Ss. 4(2) r/w Sec. 3(a)(d),Sec. 6(1) r/w Sec. 5(g)(n) Sec 21(1) r/w Sec. 19(1) of the Protection of Children from Sexual Offences Act, 2012.

(3.) Petitioner was initially arrested in the said crime on 3/11/2021 and by order dtd. 3/1/2022 in CMC No.372/2021, the Sessions Court had granted bail to the petitioner. However, subsequently, when the case was posted on 31/3/2022 due to the absence of the petitioner, a non bailable warrant was issued and the case was posted to 31/5/2022. On the said date, though the petitioner entered appearance through a counsel, it was alleged that there was an omission to file a petition to recall the warrant and therefore after issuing the notice to the sureties, the bail bond was cancelled and the petitioner surrendered on 29/8/2022 and has been in custody since then.