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Judgment
The petitioner is accused No.3 in Crime No.240/2026 of Kelakom Police Station, Kannur District, registered alleging commission of the offences punishable under Sections 354A(1) (i), 354-B, 376(2)(n), 506 & 34 of the Indian Penal Code (IPC), Section 75 of the Juvenile Justice (Care and Protection of Children) Act and Sections 3(a), 4, 5k, 5n, 51, 6, 7, 8, 9k, 91, 9h, 10 & 21 of the Protection of Children from Sexual Offences Act. The case has been charge-sheeted and is presently pending before the Additional Sessions Court-I, Thalassery.
The grievance of the petitioner is that a Look Out Circular (LOC) was issued against him without issuing any notice requiring him to appear before the Investigating Officer, and that the police completed the investigation and filed the final report. According to the petitioner, at the time of registration of the FIR and thereafter, he was in Israel. On coming to know of the registration of the FIR, he approached the Additional Sessions Judge, Thalassery, by filing B.A.No.1017 of 2026 seeking pre-arrest bail, which was rejected as per order dated 28.09.2026.
According to the petitioner, the final report records that he is abroad and that, at the request of the investigating agency, a Look Out Circular (LOC) was issued against him. It is contended that the petitioner, who is presently employed in Israel, intends to return to India. However, owing to the subsisting LOC, he apprehends that he would be detained at the airport and taken into custody by the police. The petitioner has further stated that he is ready and willing to appear before the Trial Court. Hence, he seeks a direction to keep the LOC issued against him in abeyance, so as to enable him to return to India and appear before the Trial Court without being detained at the airport.
The learned Public Prosecutor opposed the petition.
I have considered the rival contentions. It is not in dispute that Crime No.240/2026 of Kelakom Police Station, Kannur District, registered alleging commission of the offences punishable under Sections 354A(1)(i), 354-B, 376(2)(n), 506 & 34 of the Indian Penal Code (IPC), Section 75 of the Juvenile Justice (Care and Protection of Children) Act and Sections 3(a), 4, 5k, 5n, 51, 6, 7, 8, 9k, 91, 9h, 10 & 21 of the Protection of Children from Sexual Offences Act and that the petitioner is arrayed as the 3rd accused therein. The allegation against the petitioner, who is the father of the victim, is that when the victim informed him of the violation committed against her by the first accused, the petitioner physically assaulted her and threatened to do away with her, alleging that she was lying.
It is not in dispute that the investigating agency has completed the investigation and filed the final report and that cognizance has been taken by the learned Additional Sessions Judge, pursuant to which the proceedings are now pending as S.C. No.279 of 2026. The final report indicates that the petitioner is abroad and that a LOC has been issued against him.
In the present petition, the petitioner has specifically undertaken to return to India and appear before the trial court in the proceedings pending against him.
Having regard to the fact that the investigation has already been completed and the final report has been filed, and taking note of the specific undertaking given by the petitioner to return to India and appear before the learned Additional Sessions Judge, this Court is of the view that an opportunity can be afforded to the petitioner to appear before the trial court and seek appropriate relief in accordance with law.
Accordingly, this petition is disposed of with the following directions:
The petitioner shall surrender before the Additional Sessions Court-I, Thalassery, where S.C. No.279 of 2026 is pending, within a period of one week from the date of this order.
On such surrender, if the petitioner files an application for bail, the learned Magistrate shall consider and dispose of the same on its own merits and in accordance with law, on the date of surrender itself.
The Look Out Circular issued against the petitioner and any other coercive steps, if initiated against him, shall be kept in abeyance until the expiry of the aforesaid period of one week.
This order shall not be construed as granting permission to the petitioner to travel abroad. The petitioner shall obtain the prior permission of the jurisdictional court before undertaking any journey abroad.