The High Court of Kerala dismissed the bail application of the 12th accused charged with rape and abduction. The court held that releasing the petitioner would lead to witness intimidation, considering the serious nature of the offense and the victim's vulnerability.
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 V.RAMKUMAR
FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932
Bail Appl..No. 5182 of 2010() ----------------------------CRIME NO.258/2009 OF SREEKANDAPURAM POLICE STATION
PETITIONER/ACCUSED NO.12 -------------------------------------------CHERUUNNONTAKATH MUSTHAFA, S/O. IBRAHIM, AGED 30 YEARS, NADUVIL P.O., NADUVIL AMSOM, DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADV. SRI.V.A.SATHEESH
RESPONDENT(S): COMPLAINANT
--------------------------
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S.H.O., SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT.
PUBLIC PROSECUTOR MR.M.S.BREEZE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.5182 of 2010
*** * * * * * * * * * * * * * * * * * * * * Dated: 17**th day of September, 2010
ORDER
Petitioner, who is the 12th accused in Crime No.258/2009 of Sreekandapuram Police Station for offences punishable under Sections 376 and 366 (A) read with 34 IPC, seeks his enlargement on bail. The occurrence took place on 24.11.2009. The petitioner was arrested on 15.8.2010.
This petition is accordingly dismissed.
V. RAMKUMAR, (JUDGE)
dmb
3 issues framed by the court
Whether bail should be granted to the accused charged with rape and abduction of a minor mentally retarded girl.
Whether the accused poses a flight risk or threat to prosecution witnesses.
Whether the nature of allegations and victim's condition warrant bail.
1 provisions across 1 enactments
CHERUUNNONTAKATH MUSTHAFA
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
