In an application for bail under Section 439 CrPC regarding a rape charge (Section 376 IPC) against a father for allegations of raping his 11-year-old daughter, the High Court of Kerala denied bail due to incomplete investigation and pending chemical analysis reports.
The Bail Application is dismissed. The petitioner remains in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931
Bail Appl..No. 4017 of 2009
CRIME NO.214 OF 2009 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED
ABDUL KALAM, S/O. ABDUL MAJEED, P.M.HOUSE, PULLPARA, ANAKUDY MURI, PANGODE VILLAGE.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENTS: COMPLAINANT AND STATE
PANGODE.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A. NO. 4017 OF 2009
Dated this the 10th August, 2009
O R D E R
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.214 of 2009 of Pangode Police Station.
B.A. NO. 4017 OF 2009
:: 2 ::
before Court on 18.6.2009. The petitioner is in judicial custody since 18.6.2009.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN) Judge
ahz/
2 issues framed by the court
Whether the petitioner can be released on bail while the investigation is incomplete and pending medical analysis.
What are the consequences of the medical officer's initial finding that the hymen was intact on a charge under Section 376 IPC?
2 provisions across 2 enactments
ABDUL KALAM
STATE OF KERALA
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
