In a bail application under Section 438 Cr.P.C., the Hon'ble Court dismissed the petition because prima facie materials indicated petitioners instigated a false rape complaint against a doctor, constituting serious offences under Sections 109 and 195 IPC.
Application for anticipatory bail 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 K.ABRAHAM MATHEW
FRIDAY, THE 13TH DAY OF JUNE 2014/23RD JYAISHTA, 1936
Bail Appl..No. 3175 of 2014
CRIME NO. 876/2014 OF TOWN EAST POLICE STATION , TRISSUR
PETITIONER(S)/ACCUSED:
1. NOUSHAD V.B., AGED 42 YEARS,
2. BAFEEK, AGED 35 YEARS,
BY ADV. SRI.K.B.GANGESH
RESPONDENT(S)/RESPONDENT:
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SI OF POLICE, THRISSUR EAST POLICE STATION)
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
K. ABRAHAM MATHEW, J.
B.A. No. 3175 of 2014
Dated this the 13th day of June, 2014
ORDER
Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 86/2014 of Thrissur East Police Station. On the basis of the information given by a woman that one doctor working in Aswini Hospital, Thrissur attempted to commit rape on her the Police registered this case. The investigation revealed that the information was false and it was done at the instance of the petitioners in this case. Thereupon, they were made accused in this case for the offences under Sections 109 and 195 I.P.C. and Section 117(b) of Kerala Police Act. The investigating officer made a request to the learned Magistrate concerned to issue arrest warrant against the petitioners. Now they have come up before this court with the request to grant them anticipatory bail.
B.A. No.3175 /2014
2
In the result, this Bail Application is dismissed.
SD/-
JV
K. ABRAHAM MATHEW JUDGE
//TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether anticipatory bail should be granted where prima facie evidence suggests petitioners instigated a false rape complaint.
Whether the offences under Sections 109 and 195 IPC constitute serious crimes precluding anticipatory bail.
4 provisions across 3 enactments
Noushad V.B.
Bafek
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
