This bail application by an accused alleged to have committed rape was disposed of. The court found the allegations grave and serious, and noting ongoing investigation, refused to grant bail and dismissed the application.
Bail application dismissed; petitioner not granted bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 12TH DAY OF MARCH 2013/21ST PHALGUNA 1934
Bail Appl..No. 1723 of 2013 (C)
[CRIME NO.1182/2012 OF PAYANGADI POLICE STATION, KANNUR DISTRICT]
PETITIONER/ACCUSSED:
M.K.SIDDIQUE, AGED 38 YEARS
S/O.MOIDU, RESIDING AT 'MAILANCHIKKAL HOUSE', MADAYI, MUTTAM.P.O, KANNUR DISTRICT.
BY ADVS.SRI.A.K.ABDUL AZEEZ, SRI.T.K.SASINDRAN, SRI.RENJIT GEORGE.
RESPONDENTS/STATE AND COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. S.H.O, PAYANGADI POLICE STATION, KANNUR DISTRICT-670 358.
BY PUBLIC PROSECUTOR SMT. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
P. BHAVADASAN, J.
Dated this the 12th day of March, 2013.
ORDER
The petitioner is the accused in Crime No. 1182 of 2012 of Payangadi Police Station, who is alleged to have committed offence punishable under Section 376 of I.P.C. The petitioner has been in custody from 27.2.2013 onwards.
escape from repayment a false case has been foisted on him.
2
B.A.1723/2013.
and pointed out that investigation is still going on and releasing the petitioner now on bail will hamper the investigation.
B.A.1723/2013.
3
appear that her father might have seen the incident. Whatever that be, the plea of the petitioner that he has been falsely implicated due to financial transactions between him and the father of the defacto complainant cannot be accepted at this point of time. If the allegations are true, the offence is indeed grave and serious and also that the investigation is only progressing.
This application is accordingly dismissed.
P. BHAVADASAN, JUDGE
sb.
1 issue framed by the court
Whether bail should be granted to an accused facing charges of rape under Section 376 IPC where investigation is ongoing.
M.K.SIDDIQUE
STATE OF KERALA
S.H.O, PAYANGADI POLICE STATION
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
