Dismissed

Mohammed v. State of Kerala

Kerala HC19 Mar 2013Bail Appl./1579/2013

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a bail application by an accused charged with offences under IPC Sections 452, 323, 354, and 506(ii). The court rejected the plea of false implication and retaliatory motive due to lack of documentary evidence, holding that the nature of allegations did not make it a fit case for extraordinary jurisdiction at an early investigation stage.

What the court decided

AI extract

Mohammed Vs State of Kerala — Bail and Remand | Kerala HC (2013)

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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 P.BHAVADASAN

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TUESDAY, THE 19TH DAY OF MARCH 2013/28TH PHALGUNA 1934

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Bail Appl..No. 1579 of 2013 (C)

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------------------------------------------[CRIME NO. 115/2013 OF THOTTILPALAM POLICE STATION , KOZHIKODE DISTRICT]

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PETITIONER/ACCUSED:

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MOHAMMED, AGED 38 YEARS, S/O.HAMSA, KARUVANAMKANDIYIL HOUSE, KAYAKODI AMSOM, DEVARKOVIL DESOM, VATAKARA TALUK.

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BY ADV. SRI.ZUBAIR PULIKKOOL.

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RESPONDENT/RESPONDENTS:

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STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. R. REMA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P.BHAVADASAN, J.

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--------------------------------------Bail Application No.1579 OF 2013 --------------------------------------Dated this the 19^th day of March, 2013.

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O R D E R

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The petitioner is the sole accused in Crime No.115/2013 of Thottilpalam Police Station who is alleged to have committed the offences punishable under Sections 452, 323, 354 and 506(ii) of the Indian Penal Code. The petitioner is alleged to have trespassed into the house of the de facto complainant on 14.02.2013 at about 9.30 a.m and manhandled her and tried to outrage her modesty. According to him, he is innocent and has been falsely implicated in the matter. It is pointed out that in a crime registered on the basis of a complaint by the daughter of the petitioner, the grandfather of the de facto complainant is the accused and as a retaliatory measure, the present complaint has been lodged.

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Learned Public Prosecutor opposed the petition and pointed out that the allegations are very serious and the matter

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B.A No.1579/2013

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cannot be taken lightly.

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After having heard the learned counsel for the petitioner, the learned Public Prosecutor and after having perused the Case Diary, the claim of the petitioner that he is innocent may not be acceptable. Even though the petitioner claims that the complaint was filed as a retaliatory measure to a crime registered to which the grandfather of the de facto complainant was the accused, no documents were produced to establish the same and no details were supplied to his Court. In the absence of the said documents, it may not be possible to accept the said claim.

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Considering the nature of the allegations, the manner in which the offence was committed and also the fact that the investigation is at an infant stage, it is felt that this is not a fit case where extra ordinary jurisdiction needs to be exercised in favour of the petitioner. Therefore, the application is to be dismissed and I do so.

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However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 27.03.2013 who, after interrogation, shall produce him before the Magistrate court

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B.A No.1579/2013

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concerned who, on an application of bail being moved by the

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petitioner, shall dispose of the same in accordance with law.

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P.BHAVADASAN JUDGE

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smp

Mohammed v. State of Kerala

Case brief

What is this about?

What the court decided

Mohammed v. State of Kerala

Case brief

What is this about?

What the court decided

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