AKSHAY S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/accused in crime no.1013/2023 of Pantheerankavu police station, Kozhikode, aggrieved by the dismissal of his petition under Sec. 438 Cr.P.C. namely, Crl.M.C.No.429/2024, on the file of the Court of Session, Kozhikode, seeking pre-arrest bail.

(2.) It was submitted by the learned counsel for the appellant/accused that the latter got acquainted with the 2nd respondent herein, the alleged victim through Shaadi.com. The 2nd respondent, though a married lady registered herself in the aforesaid site as an unmarried lady. The appellant/accused got acquainted with the 2nd respondent. Suppressing the fact that the 2nd respondent was already married, she entered into a relationship with the appellant/accused, pursuant to which they started living together. While so, the 2nd respondent conceived and later on, at her instance she underwent an abortion. It was 6 months after the abortion, Annexure A5 FIS was given based on which the present crime, that is, crime no.1013/2023, that is, Annexure A6 FIR has been registered. No offences as alleged in the FIR are made out hence the trial court ought to have granted pre-arrest bail.

(3.) The request for pre-arrest bail is opposed by the learned Public Prosecutor who submitted that the investigation is only at its preliminary stage. The offences alleged are made out from the materials presently available. Further, the bar under Ss. 18 and 18A of the Act is attracted and hence the trial court was right in dismissing the application. No grounds for interference are made out, argued the public prosecutor.