JASEER T.U Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner has been arrayed as the sole accused in the instant crime No. 1205/2016 of Sulthan Bathery Police Station which has been registered for offences punishable under Section 376(2)(n), 406 and 420 of the IPC.

(2.) The Police after investigation has now filed the Final Report and the matter is now pending as Sessions Case, SC No. 91/2017 on the file of Additional Sessions Court I, Kalpetta which is notified to deal with POCSO Act cases in Wayanad. Petitioner was initially arrested on 26/05/2019 in relation to the above said offence and that he was under judicial custody and later he was granted bail by the above said Sessions Court. According to the petitioner, he was regularly appearing before this Court as and when required and that he has also complied with all the conditions in the said bail order. Further that on 19/06/2018, when the case was posted before the Sessions Court concerned, the counsel for the petitioner herein could not appear and that the petitioner was also absent and there was no representation for the petitioner and a bailable warrant was issued against him. Since petitioner had not appeared pursuant to the bailable warrant, later a non-bailable warrant was issued against him on 12/07/2018 and notice to sureties was also issued and that the bail bond was cancelled and proceedings were initiated against the sureties. According to the petitioner, there was no willful latches on his part and that he is a coolie worker and that he was in search of a job for which frequent travel had to be made and that he could not intimate his counsel about those aspects. It appears that the bail bonds were cancelled and that the amounts were also forfeited from the sureties.

(3.) Later petitioner has filed, regular bail application as per Crl.MC. 601/2019 in the above mentioned criminal case before the Sessions Court concerned and that the said Court as per Annexure 1 order dated 20/06/2019 has rejected the said application for plea for grant of regular bail. After cancellation of bail, it appears that the petitioner has been remanded on 07/06/2019 and has been under judicial custody since then.