CYRIL SHAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) by the accused in Crime No.248/2024 seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents, including Annexure 7 order.

(3.) Annexure 7 common order in Crl.M.P.No.220/2024 and Crl.M.P.No.240/2024 in S.C.No.720/2024 on the files of the Special Court for trial of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases, Thrissur, arose out of Crime No.248/2024, is under challenge in this petition. Here the prosecution alleges commission of offences punishable under Sec. 376(2)(n), 406, 420 and 3(2)(va) of the SC/ST (POA) Act and the allegation is that the accused, who is not a member of either Scheduled Caste or Scheduled Tribe, subjected the victim, who is a member of the Scheduled Caste community, to repeated sexual intercourse on the promise of marriage and also obtained Rs.2,50,000.00 from the victim. The petitioner was arrested on 7/3/2024 and subsequently released on bail on 23/3/2024 by imposing conditions as per Annexure A3 order. Thereafter in violation of one of the conditions in the bail order, he had involved in another crime, viz. Crime No.595/2024 of Irinjalakkuda Police Station, where the prosecution alleges commission of offences punishable under Ss. 341, 323, 506, 294(b) and 448 of IPC and the specific allegation is that at 1 a.m (after midnight) on 9/4/2024 the accused herein trespassed upon the house of the same victim and threatened her stating that she would be killed if she would not withdraw from the present crime. Then the prosecution filed Crl.M.P.No.220/2024 to cancel the bail granted to the petitioner and the petitioner moved Crl.M.P.No.240/2024 to modify the bail conditions and finally the trial court allowed Crl.M.P.No.220/2024 and cancelled the bail of the petitioner while dismissing his prayer to modify the bail conditions.