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Judgment
K. Babu, J
Heard both sides.
The petitioner is the sole accused in Crime No.424/2022 of Chittarikkal Police Station, Kasargode District. The offences alleged against the petitioner are punishable under Sections 376(2)(n), 376(3), 354A(1)(i) r/w 506 of the IPC and Sections 5(1), 6(1), 9(1) and 10 of The PoCSO Act.
The petitioner filed an application for bail under Section 437 of the Code of Criminal Procedure. The learned Special Judge dismissed the application for bail on 10.02.2023.
The grievance of the petitioner is that even before serving the copy of the order dismissing the application, the trial Court is proceeding with framing of charges against him, which according to him would defeat his right to get bail from the higher Courts.
Therefore, the petitioner seeks a direction to the trial Court to defer the framing of charges for a period of two weeks.
Having regard to the circumstances brought on record, the trial Court is directed not to frame charges against the petitioner for a period of two weeks from this date.
The trial Court shall serve the copy of the order rejecting the bail plea of the petitioner forthwith.
The Crl.M.C. is disposed of accordingly.