Dismissed

Clabin @ Vipin v. State of Kerala

Kerala HC1 Sept 2014Bail Appl./5337/2014

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 CrPC for offences under IPC and SC/ST Act, the Kerala High Court observed the nature of the prosecution case involved serious allegations including rape. Considering the investigation was in progress and the gravity of charges, the court held bail could not be justified at present and dismissed the application.

What did the court decide?

Bail application dismissed; continued detention ordered.

Clabin @ Vipin Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.K.MOHANAN

¶4

THURSDAY, THE 9TH DAY OF JANUARY 2014/19TH POUSHA, 1935

¶5

Bail Appl..No. 5337 of 2014 ()

¶6

AGAINST THE ORDER IN CMP 2324/2014 of J.M.F.C.-II, SULTHANBATHERY CRIME NO. 264/2014 OF KENICHIRA POLICE STATION , WAYANAD

¶7

PETITIONER(S)/PETITIONER/SOLE ACCUSED:

¶8

CLABIN @ VIPIN AGED 26 YEARS

¶9

S/O.THANKACHAN @ V.CCHACKO, VELLAPALLIYIL HOUSE KOLARATTUKUNU, NADAVAYAL AMSOM, PULPALLY WAYANAD

¶10

BY ADVS.SRI.AMJAD ALI SRI.MANSOOR.B.H.

¶11

RESPONDENT(S)/RESPONDENT.COMPLAINANT/STATE:

¶12

STATE OF KERALA

¶13

REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (THROUGH STATION HOUSE OFFICER KENICHIRA POLICE STATION, WAYANAD DISTRICT)

¶14

BY PUBLIC PROSECUTOR SRI. SHIBU JOSEPH

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

V.K.MOHANAN, J.

¶17

.......................................................... B.A. No. 5337 of 2014

¶18

......................................................... Dated this the 1^st day of September, 2014.

¶19

O R D E R

¶20

This is an application filed under Section 439 of Cr.P.C. seeking regular bail. Petitioner is the sole accused in Crime No. 264/2014 of Kenichira Police Station for offences punishable under Sections 376 , 506 (i) and Sec. 3 (1) (XII), 3 (2)(v) of SC/ST (POA) Act, 1989. He was arrested on 3-7-2014 and since then he has been in judicial custody.

¶21

The prosecution case in brief is that at Kolarattukunnu in Nadavayal amsom, the accused, who belongs to higher community, committed rape on de facto complainant after promising to marry her. The de facto complainant belongs to 'Kattunaika' community. When the de facto complainant demanded the accused to marry her the

¶22

B.A. No. 5337 of 2014

¶23

:-2-:

¶24

accused threatened to kill the de facto complainant. By committing aforesaid acts, it is alleged that the accused has committed offences punishable under Sections 376, 506 (i) IPC and 3 (1)(XII), 3(2) (v) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989.

¶25

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

¶26

The learned counsel for the petitioner submitted that the petitioner is in custody from 3-7-2014. Therefore, continued detention is not required where as the learned Public Prosecutor submitted that the petitioner after giving promise to the de facto complainant to marry her, committed sexual intercourse on her and, thereafter, the petitioner has withdrawn from his promise, pursuant to which the de facto complainant attempted to commit suicide.

¶27

On consideration of the facts and circumstances of the case and the submissions made by the learned Public Prosecutor, and particularly, considering the order of the

¶28

B.A. No. 5337 of 2014

¶29

:-3-:

¶30

learned trial Judge, it can be seen that the allegation against the petitioner is a serious one and under the guise of loving the de facto complainant and after having given promise to marry her, she was subjected to sexual intercourse. The investigation is in progress and according to me, this Court will not be justified in granting bail to the petitioner at present. There is no merit in this application, and, accordingly, this application is dismissed.

¶31

Dated this the 1^st day of September, 2014.

¶32

Sd/- V.K.MOHANAN, Judge.

¶33

Ani/

¶34

/true copy/

¶35

P.S. To judge

Clabin @ Vipin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Clabin @ Vipin 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

Zauda Vs State of Kerala

Akhil Sasikumar Vs State of Kerala

Jacob Vs State of Kerala

Beefathima Vs State of Kerala

Anil Kumar Vs State of Kerala

Shameer D.A Vs State of Kerala