Ibrahim M.V. vs State Of Kerala

K.Babu, J.

This Crl.M.C is filed seeking the following relief:-

“.....to direct the learned Second Additional Sessions Court, Kasaragod to consider the bail application being filed by the petitioner in S.C.No.403/2023 on its file on the date of surrender of the petitioner itself and to release him on bail on the same day itself, so as to secure the ends of justice.”

The petitioner is the sole accused in S.C.No.403/2023 on the file of the Additional Sessions Court-II, Kasaragod.

The offences alleged against the petitioner are punishable under Section 354 of IPC and Section 10 r/w Section 9(m) of the Protection of Children from Sexual Offences Act, 2012.

Heard both sides.

The learned counsel for the petitioner preferred an application seeking anticipatory bail as B.A.No.10090/2022 before this Court. The above bail application was dismissed as withdrawn as per order dated 02.03.2023.

It is submitted that the investigating agency completed the investigation and submitted the final report and the matter is pending before the Court below as S.C.No.403/2023.

The petitioner submits that he is prepared to surrender before the Court below and co-operate with the trial.

Having regard to the fact that the petitioner is aged 73 years and this is a case in which final report has already been submitted, the following direction is issued. 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].

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