29 Jan 2024 7:43 AM GMT
The Supreme Court on Monday (January 29) dismissed the petition filed by a former Government Pleader at the Kerala High Court seeking anticipatory bail in a rape case.
A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra dismissed the Special Leave Petition filed by Advocate PG Manu challenging the judgment of the Kerala High Court refusing him anticipatory bail.
However, considering a request made by Senior Advocate V Giri on behalf of the petitioner, the Court granted him 10 days from today to surrender before the police.
The allegation is that the petitioner had sexually assaulted the victim, who had approached him as a client in relation to another sexual assault case in which she was the victim.
When Giri attempted to suggest that the relationship between the petitioner and the woman was consensual, the bench disagreed.
"You were in a positon of dominance...we have to consider that", Justice Roy said. Observing that there was no infirmity in the High Court's order, the bench dismissed the petition. The bench however sustained the High Court's observation that in the event of the petitioner's arrest, the Judicial Magistrate shall consider his bail application without delay.
After the news about the sexual assault case surfaced, the petitioner resigned from the position of Government Pleader.
Case : PG Manu v. State of Kerala and others SLP(Crl) No. 666/2024