The High Court rejected the petitioner's application for anticipatory bail in a rape case, citing the nature of the offence and likelihood of committing similar crimes.
Anticipatory bail rejected; surrender and subsequent bail before Magistrate left open.
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 N.K.BALAKRISHNAN
MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934
Bail Appl..No. 2317 of 2012 ()
(CRIME NO.87/12 OF KODUVALLY POLICE STATION, KOZHIKODE DISTRICT)
PETITIONER/1ST ACCUSED:
JOBIN.J.B, AGED 23 YEARS S/O.T.K.BALAN, JYOTHIS, NARIKKUNI P.O. KOZHIKODE.
BY ADVS.SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J.
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA REPRESENTING CI OF POLICE KODUVALLY.
BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING VOMR UP FOR ADMISSION ON 04-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
N.K.BALAKRISHNAN, J.
Bail Appln.No.2317 of 2012
Dated this the 04th day of June, 2012
ORDER
Petitioner is the first accused in Crime No.87 of 2012 of Koduvally Police Station, Kozhikode District. Offence alleged against him is under Section 376 of the Indian Penal Code.
B.A.No.2317/2012
: 2 :
prosecution are also taken note of. Further, the allegation that the accused will influence the witnesses and would tamper with the evidence and witnesses and would hamper with the smooth investigation has also been duly considered. In these circumstances, I am not inclined to grant pre-arrest bail to the accused. Hence, the request for anticipatory bail is rejected.
N.K.BALAKRISHNAN, JUDGE
skj
2 issues framed by the court
Whether pre-arrest bail should be granted to the first accused charged under Section 376 IPC.
Whether the alleged consent was voluntary or obtained by deceit in a case of rape.
JOBIN.J.B
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
