Dismissed

Jinesh v. State of Kerala

Kerala HC13 Jun 2012Bail Appl./2812/2012

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the petitioner's bail application. The court held that despite the petitioner's claim of lack of sexual consent and a history of relationship, anticipatory bail was not warranted given the gravity of the offence. The court directed that further bail applications would be considered by the Magistrate upon surrender and interrogation.

What did the court decide?

Anticipatory bail application dismissed; petitioner directed to surrender for regular bail consideration by Magistrate.

Jinesh Vs State of Kerala — Bail and Remand | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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WEDNESDAY, THE 13TH DAY OF JUNE 2012/23RD JYAISHTA 1934

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Bail Appl..No. 2812 of 2012 ()

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CRMC.581/2012 of D.C. & SESSIONS COURT, ERNAKULAM CRIME NO:338/2012 OF NORTH PARAVUR POLICE STATION, ERNAKULAM

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ACCUSED(S)/PETITIONER/ACCUSED:

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JINESH,, AGED 29 YEARS S/O KRISHNAN, ALINGAPOKKAM, KIZHAKEPRAM THATTAPILLY, N. PARAVUR.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN

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COMPLAINANT(S)/S/O SURENDRAN,ONDENTS AND STATE:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO. 338/2012 OF NORTH PARAVUR POLICE STATION ERNAKULAM DISTRICT)-682031.

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2. STATION HOUSE OFFICER,

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N. PARAVUR POLICE STATION ERNAKULAM (CRIME NO.338/2012 OF NORTH PARAVUR POLICE STATION ERNAKULAM DISTRICT)-683 513.

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BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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JJJ

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N.K. BALAKRISHNAN, J.

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B.A. No: 2812 of 2012

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Dated this the 13^th day of June, 2012

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O R D E R

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The petitioner is the accused in Crime No:338/2012 of North Paravur Police Station, Ernakulam. The offences alleged against him are under sections 376 and 420 of IPC.

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It is alleged that the accused by inducing the

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complainant girl to believe that he will marry her, had sexual intercourse with her. The learned counsel for the petitioner submits that the complaint given by her first in point of time i.e., on 19.7.2010 would show that she and the accused were in love and he had sexual intercourse with her for about five or six years and that subsequently he was trying to marry another woman. The learned counsel for the petitioner submits that it was only in the subsequent statement she stated that her consent was obtained by the accused by deceitful means. Hence according to the petitioner, the allegation made by the prosecution that section 376 of IPC would be attracted is unsustainable.

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B.A. No: 2812/2012

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-2-

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However, considering all the aspects I am not inclined to grant anticipatory bail to the petitioner. It is hence dismissed.

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If the petitioner surrenders before the

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Police/Investigating Officer, after interrogation the petitioner shall be produced before the Magistrate and if the petitioner applies for bail the learned Magistrate will dispose of the same in accordance with law, but after hearing the learned APP as well and also after perusal of the case diary, if so required and also after considering the facts and circumstances of the case including the gravity of crime. If the Investigating Officer files application for police custody for further interrogation that shall also be considered by the learned Magistrate in accordance with law.

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Sd/N.K. BALAKRISHNAN, JUDGE

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//True Copy//

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P.A. to Judge

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jjj

Jinesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jinesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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