In this appeal against denial of anticipatory bail, the Court held that the specific nature of offences alleged against the petitioner did not justify granting bail in the present instance.
The application for anticipatory bail was dismissed.
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 TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5152 of 2011() ----------------------------CRIME NO.237/2011 OF RAJAPURAM POLICE STATION, KASARAGODE
PETITIONER (S): 2ND ACCUSED : --------------------------------------------JOSE @ JOBY MATHEW AGED 28 YEARS, S/O.MATHEW, RESIDING AT KOCHANKUNNEL HOUSE, PO MALAKALLU, KASARAGODE DISTRICT.
BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS
RESPONDENT(S): --------------THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.5152 of 2011
Dated this the 5th day of July, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.237 of 2011 of Rajapuram Police Station.
under Sections 109, 376 and 506(i) of the Indian Penal Code.
learned Public Prosecutor.
The Bail Application is accordingly dismissed.
K.T.SANKARAN
JUDGE
csl
1 issue framed by the court
Whether anticipatory bail can be granted to an accused facing charges of rape and intimidation given the facts of the case.
2 provisions across 2 enactments
Jose @ Joby Mathew
The State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
