In a bail application under Section 438 Cr.P.C. regarding a rape charge, the court granted anticipatory bail finding that facts indicate consent. The petitioner was released on bond conditioned against tampering with evidence and harassing the victim.
Petitioner released on bail on executing a bond for Rs. 25,000 with two solvent sureties 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 K.ABRAHAM MATHEW
WEDNESDAY, THE 11TH DAY OF JUNE 2014/21ST JYAISHTA, 1936
Bail Appl..No. 2878 of 2014 ()
------------------------------CRIME NO. 766/2014 OF ADOOR POLICE STATION, PATHANAMTITTA
PETITIONER/ACCUSED:
---------------------------------
MAHESH KUMAR, AGED 30 YEARS, ELLUMVILAYIL HOUSE, AMMAKANDAKARA MURI, PERINGANADU VILLAGE.
BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.T.P.PRADEEP
RESPONDENTS/COMPLAINANTS:
------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE, ADOOR, PATHANAMTHITTA.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
K. ABRAHAM MATHEW, J.
B.A. No. 2878 of 2014
Dated this the 11th day of June, 2014
ORDER
Petition filed under Section 438 Cr.P.C.
Petitioner is the sole accused in Crime No. 766/2014 of
Adoor Police Station which has been registered for the offence under Section 376 I.P.C.
B.A. No.2878 /2014 2
sexual intercourse was without consent and it amounted to rape. I have perused the case diary. The facts of the case compel me to believe that even on the first occasion, there was consent on the part of the de facto-complainant.
Having regard to the facts of the case, I am inclined to grant the prayer of the petitioner.
In the result, this application is allowed.
B.A. No.2878 /2014
3
Magistrate may take appropriate action in
accordance with the law.
JV
SD/- K. ABRAHAM MATHEW JUDGE
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a rape charge where the court finds consent on facts.
Whether the petitioner can be released on bail if the proceedings are initiated by his surrender before the Magistrate.
2 provisions across 2 enactments
Mahesh Kumar
State of Kerala represented by the Public Prosecutor
Sub Inspector of Police, Adoor
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
