Bibin Raj @ Shaji vs State Of Kerala on 13 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4015 of 2006()


1. BIBIN RAJ @ SHAJI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :13/12/2006

 O R D E R


                              R. BASANT, J.

              -------------------------------------------------

                      CRL.M.C.NO. 4015 OF  2006

              -------------------------------------------------

           Dated this the 13th day of December, 2006


                                   ORDER

The petitioner faces indictment in a prosecution for the

offence punishable under Sec.366A of the IPC. Charge sheet

has been filed. Cognizance has been taken. Proceedings are

pending before the committal court. The learned counsel for

the petitioner submits that the petitioner now wants to appear

before the learned Magistrate. He brings to the notice of this

Court that the alleged victim of the offence – the kidnapped

minor girl, has now attained the age of majority and the

petitioner is legally married to the said girl. The petitioner

apprehends that if he surrenders before the learned

Magistrate and applies for regular bail, his application for bail

may not be considered by the learned Magistrate on merits,

in accordance with law and expeditiously. The learned

counsel for the petitioner submits that the fact that the

spouses are living happily, after marriage, may be taken into

account and the learned Magistrate may be directed to release

the petitioner on bail.

CRL.M.C.NO. 4015 OF 2006 -: 2 :-

2. I have no reason to assume that the learned Magistrate

would not consider the application for regular bail to be filed by

the petitioner realistically and taking note of the alleged

marriage between the petitioner and the victim/the kidnapped

girl. I am satisfied that no special or specific directions are

necessary. Suffice it to say that the learned Magistrate must

consider all the relevant inputs including the fact that the parties

got married subsequently and pass appropriate orders on merits

and expeditiously on the date of surrender itself.

3. With the above observations, this Crl.M.C. is dismissed.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge