IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 13 TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945 CRL.MC NO. 1385 OF 2024 CRIME NO.1157/2023 OF Kaduthuruthi Police Station, Kottayam AGAINST THE ORDER/JUDGMENT SC 25/2024 OF FAST TRACK SPECIAL COURT, KOTTAYAM PETITIONER/ACCUSED:

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. GEORGE SEBASTIAN ANTONY THOMAS RESPONDENTS/STATE AND COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

2 STATION HOUSE OFFICER, KADUTHURUTHY POLICE STATION, VAIKOM TALUK, KADUTHURUTHY, KOTTAYAM, PIN - 686604 SR.PP-SRI.VIPIN NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

13.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 13 th day of February , 2024 This petition is at the instance of the sole accused in crime No.1157 of 2023 of Kaduthuruthy Police Station, Kottayam, which is now pending before Fast Track Special (POCSO) Court, Kottayam as S.C.No.25 of 2024, for a direction to the trial court to consider his bail application on 07.03.2024 itself, when he appears before that court in response to Annexure E order.

2. The petitioner stands charge sheeted for offences punishable under Sections 354A(1)(i) and 376(2)(n) of IPC, and Section 8 r/w Section 7, Section 4 r/w 3(a) and Section 6 r/w Section 5(l)(n) and Section 6(1) of POCSO Act. According to the petitioner, the crime was registered when he was abroad, and investigation was completed, and final report was filed before Fast Track Special (POCSO) Court, Kottayam, and it is pending there as S.C.No.25 of 2024. The final report was filed showing the petitioner as absconding. His parents received Annexure D summons issued to the petitioner asking him to appear before the Fast Track Special (POCSO) Court, Kottayam, and he made an exemption application through counsel on 31.01.2024. As per Annexure E order, the trial court adjourned the case for appearance of the petitioner/ accused to 07.03.2024. The petitioner is ready to surrender before that court on 07.03.2024.

3. Learned Public Prosecutor would submit that since this being a rape case, the petitioner has to be subjected to potency test for which he has to surrender before the Investigating Officer. Since there is already a direction from the trial court, for the petitioner to appear before the court on 07.03.2024, it is not fair to direct the petitioner to surrender before the Investigating Officer.

4. In such circumstances, this Court is inclined to allow this petition directing the petitioner to appear before the trial court on 07.03.2024 at 11.00 a.m. as per Annexure E order, and if the Investigating Officer makes an application to get the custody of the petitioner for the purpose of getting potency certificate, the trial court can allow that application, directing the Investigating Officer to get the certificate on 07.03.2024 itself, and to produce the petitioner/accused along with the potency certificate before the trial court before 4.00 p.m. on 07.03.2024. Thereafter, the trial court has to consider his bail application on merits, and pass appropriate orders on

07.03.2024 itself, as far as possible.

With the above directions, this Crl.M.C. is disposed of. Registry to forward a copy of this order to the Fast Track Special (POCSO) Court, Kottayam, forthwith for compliance.

Sd/-

SOPHY THOMAS JUDGE SSK/13/02 APPENDIX OF CRL.MC 1385/2024 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE FIR ALONG WITH FI STATEMENT IN CRIME NO.1157/2023 OF KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT DATED 29.08.2023.

TRUE COPY OF THE FINAL REPORT IN CRIME NO.1157/2023 ANNEXURE B OF KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT NOW PENDING AS SC NO.25/2024 OF FAST TRACK SPECIAL (POCSO) COURT, KOTTAYAM.

ANNEXURE C TRUE COPY OF THE FIR ALONG WITH FI STATEMENT IN CRIME NO.1148/2023 OF KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT DATED 28.08.2023.

ANNEXURE D TRUE COPY OF THE SUMMONS