This order concerns a bail application in a case involving rape, cheating, criminal intimidation, and unlawful assembly charges. The High Court acknowledged the defence submission of a commercial dispute but refused bail due to offence gravity and ongoing investigation, dismissing the petition.
Petitioner's bail application 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
THURSDAY, THE 20TH DAY OF FEBRUARY 2014/1ST PHALGUNA, 1935
Bail Appl..No. 1107 of 2014 ()
CRIME NO. 36/2014 OF VELLAMUNDA POLICE STATION , WAYANAD
ACCUSED(S)/PETITIONER:
ABU AGED 28 YEARS IN 2014 S/O.ABDULLA, KOMBI @ PONNACHAN HOUSE, PULIKKAD POURNNANNUR VILLAGE, WAYANAD DIST
BY ADVS.SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN
COMPLAINANT(S)/RESPONDENTS:
STATE OF KERALA REP BY THE PUBLIC PROSECUTRO, HIGH COURT OF KERALA ERNAKULAM- 31 (INSTRUCTION THROUGH STATION HOUSE OFFICER VELLAMUNDA POLICE STATION, WAYANAD DIST)
BY PUBLIC PROSECUTOR, SRI. DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==========================
B.A. No. 1107 of 2014
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Dated this the 20th day of February, 2014
ORDER
Petitioner is the accused in Crime No.36/2014 of Vellamunda police station, Wayanad. The offences alleged against him are under Secs.450, 323, 376 and 506(ii) of IPC.
-: 2 :-
B.A. No.1107 /2014
husband of the prosecutrix had requested the petitioner to help him to start a business for which he asked to share money. The petitioner had paid some amount to the husband of the complainant. There was some dispute with regard to the business. When the money was demanded, this case has been filed against the petitioner. The petitioner has been in custody from 03.02.2014.
Considering the gravity of the offences and the further fact that the investigation is only at the initial stage, I am not inclined to grant bail to the petitioner. Hence, it is dismissed.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy // PA to Judge
2 issues framed by the court
Whether bail should be granted to the accused in view of the gravity of offences and initial stage of investigation
Whether the alleged commercial dispute behind the case militates against granting bail in rape and other serious offences
1 provisions across 1 enactments
Abu
State
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
