Manikuttan vs State Of Kerala

K.Babu, J.

The prayer in this Crl.M.C is as follow:

“....to quash the coercive steps pending against the petitioner in S.C No.362/2019 and to release the petitioner on bail on his appearance in the court below on the same day.”

The petitioner is the sole accused in SC No.362/2019.

The offences alleged against the petitioner are punishable under Section 354-A(3) of the Indian Penal Code and Sections 11(i) and 12 of the POCSO Act.

Heard both sides.

It is submitted that the petitioner had no idea about the submission of the final report in the matter. He came to have knowledge regarding the pendency of the Sessions Case when coercive steps were ordered against him by the Court below. It is further submitted that the petitioner had been employed in the State of Maharashtra. The petitioner undertakes that he will appear before the Court below and co-operate with the trial in the matter. Non-bailable warrant is pending against the petitioner.

The learned counsel for the petitioner submits that the petitioner is intending to surrender before the Court below and make an application for regular bail. If the petitioner appears before the Court below and files an application seeking regular bail, the same shall be considered and decided positively on the date of filing itself, in the light of the principles declared by the Apex Court in Satender Kumar Antil v CBI [(2022) 10 SCC 51].

Non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of two weeks. The petitioner shall appear before the Court below within a period of two weeks.

This Crl.M.C is disposed of as above.