This is an order dismissing an anticipatory bail application. The Court held that the dispute was false as the petitioner did not show involvement in the alleged civil dispute. It is not a fit case for bail.
Application 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
MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937
Bail Appl..No. 2520 of 2015 ()
CRIME NO. 112/2015 OF VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED :
ROBERT, S/O.ANTONY, AGED 36 YEARS ROBERT VILASAM, PANACODE KAVINPURAM, THOLIKKODE VILLAGE, NEDUMANGAD TALUK THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE AND COMPLAINANTS :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE, VALIYAMALA POLICE STATION, VALIYAMALA THIRUVANANTHAPURAM DISTRICT-695 041
R1 & R2 BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K. ABRAHAM MATHEW, J.
====================
B.A.No. 2520 of 2015
- - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
Section 452 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case is that he trespassed into the house of the first informant at 6.00 in the morning and sexually harassed her daughter, aged 12 years.
dispute between the parties concerned and this is a false allegation raised against the petitioner on account of that enmity. Annexure -A2, copy of the petition relied on by the petitioner does not show his involvement in the civil dispute. So, prima facie his argument cannot be accepted. This is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
Sd/-
K. ABRAHAM MATHEW, JUDGE
DST
//True copy//
P.A. To Judge
2 issues framed by the court
Whether anticipatory bail can be granted in a case involving alleged sexual harassment under POCSO.
Whether the existence of a civil dispute license to grant anticipatory bail when the civil dispute is unproven.
3 provisions across 3 enactments
Robert
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. Abraham Mathew
