KOCHI: The Kerala High Court on Monday directed the Ernakulam Central police to arrest the accused who had obtained bail by committing a fraud on the court in a case related to the rape and murder of a minor girl. Following the order, the police arrested Safarshah, 32, of Kumbalam and produced him before the special Protection of Children from Sexual Offences (Pocso) court through video conferencing.
Justice P V Kunjikrishnan issued the interim order on a petition filed by the state government seeking to recall the order granting bail to the accused. The court observed that it was convinced that the accused had committed a fraud on the court to obtain the bail order. Hence, he should be arrested forthwith and remanded in custody in accordance with the law.
When the bail application had come up before the court earlier, the counsel for the petitioner submitted that the final investigation report had not been filed before the mandatory 90-day period and, therefore, his client was entitled to statutory bail under Section 167 of the Criminal Procedure Code. The public prosecutor who appeared in the court then had also submitted that the chargesheet was not filed by the stipulated time. Recording the submission, the High Court had ordered his release on bail on May 12.
When the state government’s plea to revoke the bail order came up for hearing on Monday, senior state public prosecutor Suman Chakravarthy said the submission of the public prosecutor was an inadvertent mistake. In fact, the final report was filed on the 84th day of the arrest of the accused -- that is April 1.According to the case, the accused kidnapped the 17-year-old-girl and raped her. She was murdered later. The court posted the case on June 3 and issued a notice to the accused.