The Kerala High Court dismissed a bail application filed by two accused persons in a rape case involving extra-marital sexual intercourse of a nursing student inside an autorickshaw, citing serious allegations and the risk of obstructing investigation.
Bail application dismissed; statutory bail remains available if police fail to submit final report within time.
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 P.UBAID
MONDAY, THE 25TH DAY OF JULY 2016/3RD SRAVANA, 1938
BAIL APPL..NO. 4640 OF 2016 ()
CRIME NO. 838/2016 OF VARKALA POLICE STATION, THIRUVANANDAPURAM DISTRICT
PETITIONER(S)/ACCUSED 1 AND 3:
1. SAFEER, AGED 28 YEARS,
2. RASHID
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/STATE/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE VARKALA POLICE STATION, THIRUVANANTHAPURAM-695 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
P.UBAID, J.
============================
B.A.No.4640 of 2016
============================ Dated this the 25th day of July, 2016
ORDER
The petitioners herein are the the accused Nos.1 and 3 in Crime No.838 of 2016 of the Varkala Police Station, registered under Sections 323, 506(i) and 376(g) of the Indian Penal Code. They seek regular bail under Section 439 of the Code of Criminal Procedure on dismissal of their application by the learned Judicial First Class Magistrate Court-I, Varkala on 23.05.2016. An application for bail filed by the second accused stands dismissed by this Court on 23.06.2016.
B.A.No. 4640 of 2016 2
are very serious in nature, and that the petitioners will definitely obstruct the investigation, or try to win over the victim.
In the result, this application for bail is dismissed.
Sd/P.UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether bail should be granted to accused charged with multiple offences including rape?
2 provisions across 2 enactments
SAFEER
RASHID
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
