Single judge of Kerala HC dismissed regular bail application filed by sole accused in rape case. Court held continued detention justified due to serious allegations and initial stage of investigation, noting no change of circumstances.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
MONDAY, THE 22ND DAY OF SEPTEMBER 2014/31ST BHADRA, 1936
Bail Appl..No. 6724 of 2014 ()
CRIME NO. 353/2014 OF AMBALATHARA POLICE STATION, KASARGOD
PETITIONER/ACCUSED :
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SUJITH T.K., AGED 32 YEARS, S/O.KARUNAKARAN, THOPPIL NIVAS, MURUKKAM VAYAL, NEAR ASAMBAIN, AGANVADI, MUNDAKAYAM, ERUMELI VILLAGE, KOTTAYAM DIST.
BY ADV. SRI.MURUGAN P.V.
RESPONDENT/COMPLAINANT :
STATE OF KERALA REP. BY INSPECTOR OF POLICE, AMBALATHARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
V.K.MOHANAN, J.
B.A.No.6724 of 2014
Dated this the 22nd day of September, 2014.
O R D E R
The petitioner is the sole accused in Crime No.353/14 of Ambalathara Police Station, and as he was arrested on 16.8.2014 and continuing in custody, he preferred this application for regular bail under section 439 of Cr.P.C.
B.A.No.6724 of 2014
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the learned Public Prosecutor.
B.A.No.6724 of 2014
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serious allegations raised against him and particularly when the investigation is in the initial stage and the crime is registered only on 12.8.2014. This Court has already considered B.A.No.6438/14 filed by the very same petitioner and this Court dismissed it on 2.9.2014. After the dismissal of the earlier bail application, I find no change of circumstance to take a different view.
In the result, I find no merit in this petition and accordingly the same is dismissed.
Sd/- V.K.MOHANAN, Judge.
ami/
//True copy//
P.A.to Judge
2 issues framed by the court
Whether bail can be granted to the accused despite serious allegations of rape and initial stage of investigation.
Whether a change in circumstances exists to allow bail after dismissal of a previous bail application.
1 provisions across 1 enactments
SUJITH T.K.
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
