In a bail application under Section 438 CrPC, the High Court of Kerala dismissed the plea. The judge held the case was not fit for anticipatory bail due to the serious nature of the allegations involving cheating, extortion, and rape.
Bail application dismissed; petitioner allowed to surrender for regular bail consideration.
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 B.SUDHEENDRA KUMAR
MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938
Bail Appl..No. 3283 of 2016 ()
---------------------------------------------CRIME NO. 217/2016 OF KOZHINJAMPARA POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED:
ARUN ANAND, AGED 26, S/O. ARUMAI NAYAKAM, GANDHI NAGAR, CHATHRAM, VANDIPETTAI, PARISSIKKAL, VADAKARAPATHY VILLAGE, PALAKKAD DISTRICT.
BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
*2. SANTHI SALINI, AGED 21, D/O.KURUPPUSWAMI, 'CHATHRAM', VANDIPETTA, PARISSIKKAL, VADAKARAPATHY, CHITTUR, PALAKKAD DISTRICT.
***(ADDL.R2 IMPLEADED AS PER ORDER DATED 17.6.2016 IN CRL.M.A.NO.6164/2016 IN BA.NO.3283/2016)**
R1 BY SMT.V.H.JASMINE, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DG
Bail Appl..No. 3283 of 2016 ()
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A:
COPY OF THE ORDER DATED 23.04.2016 PASSED IN CRIMINAL MISCELLANEOUS PETITION NO.919/2016 ON THE FILE OF SESSIONS COURT, PALAKKAD.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
B.SUDHEENDRA KUMAR, J.
B.A.No.3283 of 2016
Dated this the 11th day of July, 2016 ORDER
The petitioner is the accused in crime No.217 of 2016 of Kozhinjampara Police Station registered for offences punishable under Sections 417, 420 and 376 IPC.
B.A.3283/16
2
present. It appears from the Case Diary that the petitioner satisfied his needs through the victim girl and thereafter, she was thrown to the street and the petitioner is now not prepared to marry her. The victim was aged only 18 years when the petitioner indulged in sexual activities with her for the first time. Offence alleged against the petitioner is very serious in nature. Considering the nature and gravity of the offence alleged against the petitioner, I am of the view that this is not a fit case to grant an order under Section 438 of the Code in favour of the petitioner.
In the result, this application stands dismissed. However, the petitioner shall be at liberty to surrender before the Magistrate Court concerned and apply for regular bail, if so advised. If the petitioner surrenders before the Magistrate Court concerned and applies for regular bail after giving copy of the bail application to the learned Assistant Public Prosecutor in advance, the learned Magistrate shall consider and dispose of the bail application as expeditiously as possible, strictly on merits.
Sd/- B.SUDHEENDRA KUMAR, JUDGE.
/TRUE COPY/
P.A.TO JUDGE
DG
3 issues framed by the court
Whether anticipatory bail should be granted to the accused in a case involving cheating, extortion, and rape.
Whether the accused is fit for anticipatory bail considering the nature and gravity of the alleged offences.
Whether the consent of parents is a factor in assessing the willingness to marry the victim.
1 provisions across 1 enactments
Arun Anand
State of Kerala
Santhi Salini
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
