A bail application under Section 438 CrPC filed by an accused alleged to have committed rape. The High Court noted the informant was a married woman with a child. The application was disposed of without granting bail, directing the lower court to consider facts if the petitioner surrenders.
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 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937
Bail Appl..No. 3237 of 2015 ()
CRIME NO. 767/2012 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT
PETITIONER(S)/ACCUSED:
SAJID, S/O.ALAVI AGED 26 YEARS NALAKATH HOUSE, BAVAPPADI, MAVANDIYUR PO MALAPPURAM DISTRICT.
BY ADV. SRI.P.VENUGOPAL
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. (REPRESENTING INSPECTOR OF POLICE VALANCHERY, MALAPPURAM DISTRICT)
2. SHAMLA, D/O.UMMER, AGED 20 YEARS KURUPPATH HOUSE, PULAMANTHOLE P.O. PERINTALMANNA TALUK, MALAPPURAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT. REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K. ABRAHAM MATHEW, J.
.................................... Bail Appl. No. 3237 of 2015
...............................................
Dated this the 11th day of June, 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2012 which has been taken on the file of the Judicial First
Class Magistrate Court, Thrissur as C.P. No.16 of 2014.
The allegation is that he committed rape on the victim.
is false and the dispute has been settled between the parties and the petitioner was not absconding.
leave the country after the registration of the case. The 1st
Bail Appl. No. 3237 of 2015 2
informant is a married women having a child.
The learned Magistrate shall take into consideration
all these facts if the petitioner surrenders before him and files an application for bail.
With the above observations, the bail application is disposed of.
Sd/- K. ABRAHAM MATHEW JUDGE
/ True Copy /
NS
P.A. To Judge
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner charged with rape.
2 provisions across 1 enactments
Sajid
State of Kerala
Shamla
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
