A bail application was filed by an accused apprehending arrest in an IPC case involving criminal trespass and rape. The accused denied the allegations and claimed innocence. The court found no grounds to grant bail and dismissed the petition.
The petition 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 N.K.BALAKRISHNAN
FRIDAY, THE 3RD DAY OF AUGUST 2012/12TH SRAVANA 1934
Bail Appl..No. 5491 of 2012 ()
IN CRIME NO.89/2012 OF KATTAKKADA POLICE STATION THIRUVANANTHAPURAM DISTRICT
ACCUSED(S)/PETITIONER/THIRD ACCUSED:
SHAJI, AGED 40 YEARS S/O DASAYYAN, NARAKATHINKUZHI CHANDRAVILA PUTHENVEEDU, PANNIYOD P.O., NEDUMANGAD.
BY ADV. SRI.K.P.SUJESH KUMAR
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SMT. JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==================
B.A. No. 5491 of 2012
=========================
Dated this the 3rd day of August, 2012
ORDER
Petitioner is the accused in Crime No.89/2012 of Kattakkada Police Station, Thiruvananthapuram District. The offences alleged against him are under Secs.450 and 376 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.5491/2012
: 2 :
told that fact to her husband. On the day of the incident, the accused reached the house for keeping his articles. After keeping his articles he went outside. The complainant closed the front door from inside. She was doing her work in the Kitchen. The accused entered the house through rear door and forcibly took her to the bed room, where she was forcibly made to lie, and then he raped her.
Considering all the aspects, I am not inclined to grant anticipatory bail to the petitioner. It is, hence, dismissed.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in an offence punishable under Secs. 450 and 376 of IPC alleging rape.
Whether there are any circumstances that warrant the grant of anticipatory bail to the petitioner.
1 provisions across 1 enactments
SHAJI
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
