Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.241 of 2014 of the Vengara Police Station registered for the offences under sections 377, 363 and 34 of IPC.
3. The prosecution case is that several persons committed the offences mentioned above in respect of a boy aged 17 years. It is alleged that they had carnal intercourse with the boy against the order of nature. The petitioner has not been shown as an accused but he apprehends that he may be arrested in this case.
4. Heard the learned counsel for the petitioner and the B.A. No.3076 of 2014 learned Public Prosecutor.
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5. The offences for which the case has been registered are very serious. The victim is a 17 years old boy. The offences were committed during the period between 2011 - 2014. The petitioner's case is that he has not been shown as an accused in this case, but he apprehends that he would be arrested and detained in connection with the case. The basis on which he entertains the apprehension is not disclosed. So it is not at all known whether the apprehension is reasonable or not. Unless the apprehension is reasonable this Court cannot invoke its jurisdiction under Section 438 of Cr.P.C. It follows that the petitioner is not entitled to the order prayed for.
In the result, this application is dismissed.
dl/ Sd/-
K. ABRAHAM MATHEW, (JUDGE) // TRUE COPY //