Hon'ble Justice K. Abraham Mathew denied an anticipatory bail application under Section 438 Cr.P.C., ruling that the petitioner failed to explain his presence at the victim's house during the night and that bail would frustrate the investigation.
Application dismissed; no anticipatory bail granted.
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
THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937
Bail Appl..No. 1274 of 2015 ()
CRIME NO.66/2015 OF VAGAMON POLICE STATION, IDUKKI DISTRICT
PETITIONER/ACCUSED:
NISHANTH, AGED 25 YEARS, KULAPPARAMBILL VEEDU, VAGAMON VILLAGE, MATHAIPPARA P.O.,PEERUMEDU, IDUKKI DISTRICT.
BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - -
B.A. No.1274 of 2015
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
house of the victim aged 35 years and outraged her modesty.
the presence of the petitioner in the house of the victim during night. The petitioner has not been able to explain his presence there. Detailed investigation is necessary. Granting anticipatory bail will frustrate the investigation. So I am not inclined to grant this prayer.
In the result, this application is dismissed.
Submission of the learned counsel that the petitioner will surrender before the investigating officer is recorded.
sd/-
K. ABRAHAM MATHEW JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether anticipatory bail should be granted in an offence under Sections 354 and 451 IPC where the petitioner has not explained his presence at the scene.
Whether granting anticipatory bail would frustrate the investigation.
2 provisions across 2 enactments
NISHANTH
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
