The Kerala High Court dismissed a bail application filed under Section 376 IPC, alleging rape of a minor daughter by the father, due to the gravity of the offence and insufficient grounds for release.
Bail application dismissed. The accused cannot be released on bail at this stage.
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
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
Bail Appl..No. 2539 of 2012 (B)
CRIME NO. 274/2012 OF THE PEECHI POLICE STATION, THRISSUR DISTRICT.
PETITIONER/ACCUSED:
JAISON.P.J. S/O.JOSE, PULIKOTTIL HOUSE, PAZHANJI P.O THRISSUR DISTRICT
BY ADV. SRI. RAJIT
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVE COME UP FOR ADMISSION ON 06-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DCS
N.K.BALAKRISHNAN, J.
---------------------------------------------------B.A.No.2539 of 2012
Dated this the 6th day of June, 2012
Order
The petitioner is the accused in Crime No.274 of 2012 of Peechi Police Station. The offence alleged against him is under Section 376 IPC. It is alleged that the petitioner who is the father raped his minor daughter aged 14 years. She was examined by the doctor and certificate has been issued. The same was the allegation made by the victim to the doctor also. There are sufficient materials to show that the girl was raped, the learned Public Prosecutor submits. Considering the gravity of the offence, I am not inclined to grant bail to the petitioner. It is hence dismissed.
N.K.BALAKRISHNAN, JUDGE.
srd
2
3
2 issues framed by the court
Whether bail should be granted in a rape case involving a minor daughter.
Whether the gravity of the offence under IPC 376 warrants rejection of bail.
Jaison P.J
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
