MUHAMMED SHIYAS v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE P.SOMARAJAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-11-19. MUHAMMED SHIYAS v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
CRL. A. No. 729 OF 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. SOMARAJAN THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942 CRL. A. No. 729 OF 2020 AGAINST THE ORDER/JUDGMENT IN CRMC 649/2020 DATED 10-07-2020 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE CRIME NO. 20/2018 OF KOORANCHUNDU POLICE STATION, KOZHIKODE APPELLANT/ACCUSED: MUHAMMED SHIYAS, AGED 21 YEARS, S/O. ASHRAF, PALLIPARAMBIL HOUSE, THIKKODI P. O, KOYILANDY, KOZHIKODE BY ADVS. SRI. N. C. RAJESH SMT. S. REKHA KUMARI SMT. HARITHA JAYAN RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2 THE STATION HOUSE OFFICER, KOORACHUNDA POLICE STATION, KOZHIKODE DISTRICT. ADDTIONAL R3 IMPLEADED: ADDL. ANU K. DAMODARAN R3 PULIYAKKANDY HOUSE HOUSE, ONHIL, KOORACHUNDU, KOZHIKODE RURAL, KOZHIKODE DISTRICT-673527. IMPEADED AS THIRD RESPONDENT AS PER ORDER DATED 12/10/2020 IN CRL. MA NO. 1/2020. R1-2 BY SMT.
AMBIKA DEVI S, SPL. GP ATROCITIES AGAINST WOMEN AND CHILDREN AND WELFARE OF W AND C R1-2 BY GOVERNMENT PLEADER PUBLIC PROSECUTOR. SRI. E. C. BINEESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19. 11. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL. A. No. 729 OF 2020 2 JUDGMENT Anticipatory bail sought by the petitioner/accused was rejected presumably in view of the bar under Section 18A of SC/ST(Prevention of Atrocities) Act. The offence alleged are Sections 341, 323, 376 of IPC and Section 3(1)(w) and 3(2) (v) of SC/ST ( POA) Act. Admittedly, the victim is a woman belonged to scheduled caste. Hence the bar under Section 18 A of the SC/ST (POA) Act would come into play, unless prima facie it appears that no offence under the said Act would stand attracted. The age difference between the accused and the victim cannot by itself a sufficient reason to bring the matter outside the purview of the Act. Appeal fails, dismissed. Sd/- P. SOMARAJAN JUDGE msp CRL. A. No.
729 OF 2020 3 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 19/2018 OF KOORANCHUND POLICE STATION. //TRUE COPY// P. A. TO JUDGE
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.