Dismissed

Sobi Sebastian v. State of Kerala and Another

Kerala HC20 Dec 2010Bail Appl./7987/2010

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam dismissed a bail application filed by Sob Sebastian, the second accused in a case involving alleged rape and assault on a tribal girl. The court rejected bail citing the gravity of offences, potential witness intimidation, and flight risk.

What did the court decide?

Bail was not granted to the petitioner; the application was dismissed.

Sobi Sebastian Vs State of Kerala and Another — Bail and Remand | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932

¶5

Bail Appl..No. 7987 of 2010(A)

¶6

-----------------------------------------[CRIME NO.480/2010 OF SANTHANPARA POLICE STATION, IDUKKI DISTRICT]

¶7

PETITIONER/2ND ACCUSED:

¶8

-----------------------------------------

¶9

SOBI SEBASTIAN, S/O.SEBASTIAN, PULIKKAKKANDATHIL VEEDU, 2ND MILE KARA, PALLIVASAL VILLAGE.

¶10

BY ADV. SRI.LATHEESH SEBASTIAN

¶11

RESPONDENTS/STATE & COMPLAINANT:

¶12

------------------------------------------------------------

¶13

1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA.

¶14

2. SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION, IDUKKI DISTRICT.

¶15

3. DEPUTY SUPERINTENDENT OF POLICE, MUNNAR.

¶16

R1 TO R3 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK.

¶17

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

prv.

¶19

V. RAMKUMAR, J.

¶20

=============================

¶21

Bail Application No.7987 of 2010

¶22

================================ Dated: 20.12.2010 ORDER

¶23

Petitioner, who is the 2^nd accused in Crime No.480/2010 of Santhanpara Police Station for offences punishable under Sections 376,451 and 354 IPC read with sections 3(i)(xi) and 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks his enlargement on bail. The petitioner was arrested on 20.11.2010.

¶24

The learned Public Prosecutor opposed the application contending inter alia that a tribal girl of 16 years was ravished by the petitioner and the other accused.

¶25

Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage.

¶26

This petition is accordingly dismissed.

¶27

V. RAMKUMAR, (JUDGE)

¶28

¶29

B.A. No. of 2010

¶30

Sobi Sebastian v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

Sobi Sebastian v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ambujam Vs State of Kerala

Anoop Vs State of Kerala & Another

Natgaraj and Another Vs State of Kerala

Eswarachandra Vidyasagar Vs State of Kerala and Another

Sajeev Kumar Vs State of Kerala

Aji I. Vs State of Kerala