Dismissed

Unnikrishnan v. State of Kerala

Kerala HC27 Nov 2013Bail Appl./7768/2013

Case brief

AI extract

What is this about?

The Court disposed of a bail application for the sole accused in a 354/452 IPC case. Rejecting the claim of false implication which contradicted red-handed arrest and prior misbehavior, the Court dismissed the application citing serious nature and infant investigation. Leave was given to surrender for magistrate bail considerations.

What did the court decide?

Bail application dismissed. Leave to surrender before Investigating Officer for magistrate bail consideration.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P. BHAVADASAN

¶4

WEDNESDAY, THE 27TH DAY OF NOVEMBER 2013/6TH AGRAHAYANA, 1935

¶5

Bail Appl..No. 7768 of 2013 ()

¶6

CRIME NO. 2013/2013 OF PARIPPALLY POLICE STATION , KOLLAM

¶7

PETITIONER/ ACCUSED:

¶8

UNNIKRISHNAN, AGED 29 YEARS MANIKANDAN VILASOM, AYIPURAM, PARIPPALLY KOLLAM

¶9

BY ADV. SRI.M.R.SASITH

¶10

RESPONDENTS:

¶11

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031

¶12

2. THE SUB INSPECTOR OF POLICE,

¶13

PARIPPALLY POLICE STATION, KOLLAM - 691 001

¶14

BY PUBLIC PROSECUTOR SMT. P. MAYA

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

¶17

P. BHAVADASAN, J.

¶18

---------------------------------------

¶19

B.A. No.7768 of 2013

¶20

Dated this the 27^th day of November, 2013.

¶21

O R D E R

¶22

The petitioner is the sole accused in Crime No.2013 of 2013 of Parippally Police Station, who is alleged to have been committed offence punishable under Sections 452, 354 of the Indian Penal Code.

¶23

The allegation against the petitioner is that on 21.03.2013 at about 10:45 p.m., while the defacto complainant was about to go to sleep, she heard a murmur below the cot and she opened the door to sought the help of others. The neighbours came to the place and they had found that it was the petitioner who was below the cot.

¶24

The petitioner would say that he is innocent and that

¶25

he has been falsely implicated. According to him, no such incident has happened and he says that he has been implicated with ulterior motive.

¶26

The learned Public Prosecutor opposed the petition and

¶27

pointed out that he had caught red handed and there can be no complaint that he as falsely implicated.

¶28

After having the heard the learned counsel for the

¶29

¶30

B.A. No.7768 of 2013

¶31

petitioner, the learned Public Prosecutor and also after having perused the records, the claim of the petitioner that he is falsely implicated cannot be accepted. The records also indicate that he had been misbehaving with the lady for quite sometime. The husband of the lady is abroad on employment.

¶32

Considering the nature of allegations against the petitioner, the manner in which the offence was committed and

¶33

also the fact that the investigation is at an infant stage preclude this Court from exercising jurisdiction in favour of the petitioner.

¶34

The application is accordingly dismissed.

¶35

However, if so advised, the petitioner may surrender before the Investigating Officer on or before 04.12.2013, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for bail before the said court, the learned Magistrate shall consider and pass appropriate orders therein in accordance with law, preferably on the date of surrender itself.

¶36

P. BHAVADASAN, JUDGE

¶37

¶38

B.A. No.7768 of 2013 3

Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sajeer V.P. Vs the State of Kerala

Sanalkumar S Vs State of Kerala

Rajan Vs State of Kerala

Abhilash T.V. Vs State of Kerala

Jose Binu Vs State of Kerala

Sudheer Vs State of Kerala