Suryanelli: P J Kurien to appear before trial court, says SC

New Delhi, Mar 9 (UNI) The Supreme Court has directed former union minister P.J.Kurien to appear before the trial court in Kerala and seek regular bail in the Suryanelli sexual assault case related to the alleged rape of a minor in 1999.

A bench comprising Mr. Justice B.N. Aggarwal and Mr. Justice A.K.

Mathur on Wednesday disposed off the Special leave petition filed by the Congress leader from Kerala challenging the Kerala high court order dismissing his revision seeking to quash the criminal complaint filed against him by the victim.

The trial court had arrayed Kurien as one of the accused in Suryanelli sexual assault case and had summoned him to face trial in the case along with other accused in the case.

Kurien was not named in the FIR but the victim later filed a criminal complaint against him and he was summoned by the magistrate as an accused.

The case was that a minor girl was kidnapped by a driver from Idduki district in Kerala and was later confined at various places and was raped by him and others under threat. The driver had promised to marry her.

The high court had earlier rejected the petition of Kurien on the grounds that no ground had been made out for quashing the proceedings pending agasint him in a Peeremedu court.

There are 42 other accused in the case.

The Apex court allowed the counsel for the petitioner to withdraw the petition when he submitted that his client would file an application for discharge before the magistrate.The Supreme Court also said that the petitioner shall be granted bail on his appearance in the trial court and his discharge petition shall be considered on merits in accordance with law without being influenced by the observations of the high court.

However the settled law is that a magistrate can not recall or review its order of summoning and only high court has the powers to quash the proceedings under section 482 Cr. P.C.

UNI AKS/XC RP ND1808