Bail application dismissed by Kerala High Court. Court held petitioner not entitled to anticipatory bail given grave allegations of domestic violence, dowry cruelty, and sharing of nude photographs during investigation.
Petitioner's bail application under Section 438 CrPC dismissed; no relief granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 15TH DAY OF DECEMBER 2014/24TH AGRAHAYANA, 1936
Bail Appl..No. 8336 of 2014 ()
CRIME NO. NOT KNOWN
PETITIONER/ACCUSED :
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RAMEES, AGED 29 YEARS, S/O.SULAIAKHA, 365 (8/20) KANNARKANDY, BALUSSERY, KOILANDY KOHZHIKODE DISTRICT.
BY ADV. SRI.C.K.SREEJITH
RESPONDENT/STATE, COMPLAINANT & DE-FACTO COMPLAINANT :
1. THE STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUPERINTENDENT OF POLICE VADAKARA , REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
3. ROZHNI FARZANA, AGED 22 YEARS, D/O.ISMAIL, RESIDING AT KUZHIPARAMBIL HOUSE, NANMADA KARIYATHANKAVU P.O., KOZHIKODE DISTRICT-673 612.
R1 & R2 BY PUBLIC PROSECUTORSRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
B.KEMAL PASHA, J.
B.A.No.8336 of 2014
Dated this the 15th day of December, 2014
ORDER
Petition filed under Section 438 of Cr.P.C.
of Balusseri Police Station registered for the offences punishable
under Sections 498A, 406 and 507 of the Indian Penal Code read with Section 34 of the Indian Penal Code and Section 66A(b) of Information Technology Act.
gold ornaments after misappropriating her 45 soverings of gold ornaments and the amount received from the parents of the defacto complainant. He has harassed her by demanding an amount
of ₹30,00,000/- more. It is alleged that he has shared the nude
B.A.8336 of 2014
2
photographs of the de-facto complainant, through whatsapp to other persons, including the family members of the de-facto complainant.
B.A.8336 of 2014
3
The allegations are very grave and serious. The investigation is
not over. The other persons involved in the incident are yet to be identified. Considering the serious allegations against the petitioner and the present stage of investigation, I am satisfied that
this is not a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA , JUDGE
dl
// TRUE COPY //
PA to Judge
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving cruelty and dowry demands with grave allegations of sending nude photographs.
Whether the present stage of investigation and seriousness of allegations make this a fit case for granting bail.
Whether the court is satisfied to grant anticipatory bail to the accused.
4 provisions across 3 enactments
Ramees
The State of Kerala
Rozhni Farzana
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
