Tharun Thampi vs State Of Kerala

P.G. Ajithkumar, J.

This Crl.M.C. is filed under Section 482 of the Code of Criminal Procedure, 1973.

The petitioner seeks to defer the further proceedings in Crime No.2343/2023 of Kottayam East Police Station for a day, since the petitioner is ordered to appear before the Fast Track Special Court (POCSO), Kottayam, in another case on 12.03.2024.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Public Prosecutor opposes the petition on the ground that granting an order as prayed will amount to grant of anticipatory bail. When the petition for anticipatory bail filed by the petitioner is dismissed by the Sessions Court as per Annexure A2 order, ordering to postpone the proceedings in the aforesaid crime will amount to barring the investigating officer from arresting the petitioner and therefore the order becomes illegal.

The submission of the learned Public Prosecutor is sound, provided the order sought by the petitioner amounts to an order of bail as provided under Section 438 of the Code. It is evident from Annexure A3 that S.C. No.10/2024 is listed on 12.03.2024 for framing charge before the Fast Track Special Court, Kottayam. Obvious, non appearance of the petitioner tantamounts to disobedience of the order of the said court especially, when the purpose of listing of the case on 12.03.2024 is to frame charge. So the petitioner is obliged to appear before the Fast Track Special Court, Kottayam on 12.03.2024. It is only appropriate and just in the said circumstances, to enable him to appear before the said court on 12.03.2024 and for that purpose direct the 2nd respondent not to arrest the petitioner in connection with Crime No.2343/2023 of Kottayam East Police Station till 5.00 p.m. on 12.03.2024.

The Crl.M.C. is disposed of with the aforesaid directions.