Bail application dismissed for an accused of attempting sexual abuse of his 17-year-old daughter. The High Court denied bail at the initial investigation stage to prevent intimidation of the victim and tampering with evidence.
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
TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933
Bail Appl..No. 8632 of 2011
CRIME NO.1190 OF 2011 OF SASTHAMCOTTA POLICE STATION, KOLLAM
PETITIONER/ACCUSED
-------------------------------------THANKACHAN, AGED 40 YEARS, S/O. JOSEPH, MUKALUVILA VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE, KUNNATHUR TALUK, KOLLAM.
BY ADV. SRI.P.V.DILEEP
RESPONDENT: COMPLAINANT
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.
PUBLIC PROSECUTOR SRI.T.K.RANJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------------------------Bail Appl. NO. 8632 OF 2011
Dated this the 25th day of October, 2011
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.1190 of 2011 of Sasthamcotta Police Station, Kollam District.
4. The investigation is at the initial stage. If the petitioner is
released on bail at this stage, it would adversely affect the proper
BAIL APPL. NO.8632 OF 2011
:: 2 ::
investigation of the case, particularly when the victim is none other than his daughter. It is most likely that the petitioner would intimidate or influence the witnesses and tamper with the evidence. At this stage, I am not inclined to grant bail to the petitioner.
For the aforesaid reasons, the Bail Application is dismissed.
(K.T.SANKARAN) Judge
ahz/
1 issue framed by the court
Whether bail should be denied to an accused charged with sexual offences against his minor daughter where the investigation is at an initial stage.
1 provisions across 1 enactments
Thankachan
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
