Allowed bail application of accused accused of rape charge, releasing him on bail with conditions subject to investigation progress and surety verification.
Released on bail on bond of Rs. 25,000 with two solvent sureties for Rs. 25,000 each.
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 P.BHAVADASAN
MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934
Bail Appl..No. 2026 of 2013 () -------------------------------
(CRIME NO. 258/2013 OF HOSDURG POLICE STATION , KASARGOD DIST.
PETITIONER/ACCUSED:
BABU E.D @ BINU AGED 31 YEARS S/O.SHIVARAM, VETTILAPPALLIYIL HOUSE, IRIPPUDE PADICHIRA, MULLAMKOLLI.P.O., WAYANAD DISTRICT.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENTS/COMPLAINANT AND STATE:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER (CRIME NO.258/2013 OF HOSDURG POLICE STATION) KASARAGOD DISTRICT 671121.
BY PUBLIC PROSECUTOR SRI.ROY THOMAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
P.BHAVADASAN, J.
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B.A. No. 2026 OF 2013
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Dated this the 18th day of March, 2013
O R D E R
The petitioner is the accused in Crime No.258 of 2013 of Hosdurg Police Station who is alleged to have committed offence punishable under Sections 376 of IPC.
B.A.No.2026/2013
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through the records, it is seen that the victim in this case was aged at 23 years at the relevant time and knowing fully well that the petitioner was already married when he solicited her presence, she voluntarily went to the tourist home and had sexual intercourse. This is what could be discerned from the CD. Thereafter, they had physical contact on several subsequent occasions also. A vague allegation is seen made that she was compelled to have physical contact with the petitioner.
B.A.No.2026/2013
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The petition is allowed as follows:
P.BHAVADASAN, JUDGE
ds
3 issues framed by the court
Whether to grant bail to an accused alleged to have committed rape pending investigation.
If the continued custody of the accused who is already in custody since February 2013 is necessary during the investigation.
What terms should be imposed on the bail granted to the petitioner.
1 provisions across 1 enactments
Babu E.D @ Binu
State of Kerala
P. Bhavadan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
