Dismissed

Abi @ Abeesh v. State of Kerala

Kerala HC12 Aug 2016Bail Appl./5407/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by the sole accused in a rape charge (IPC 376) who allegedly deceived a 19-year-old girl into sexual intercourse by fabricating that he was a bachelor without a spouse. The court found the case to be one of cheating and sexual exploitation.

What did the court decide?

The application for regular bail under Section 439 CrPC is dismissed; the petitioner to remain in judicial custody.

Abi @ Abeesh Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938

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Bail Appl..No. 5407 of 2016

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CRIME NO. 1801/2016 OF KUNNAMKULAM POLICE STATION , THRISSUR

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PETITIONER/ACCUSED:

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ABI @ ABEESH, AGED 32, S/O. ABDULLA, PUTHUVEETIL VEEDU, VENKITANGU VILLAGE, THRISSUR DISTRICT.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.SHAJIN S.HAMEED

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED THROUGH THE INSPECTOR OF POLICE, KUNNAMKULAM CIRCLE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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- - - - B.A.No. 5407 of 2016

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Dated this the 12^th day of August, 2016

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ORDER

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The petitioner herein is the sole accused in Crime

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No. 1801 of 2016 of the Kunnamkulam Police Station, registered under Section 376 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate, Kunnamkulam on 5.7.2016. The petitioner has been in judicial custody since 28.6.2016.

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The victim of offence in this case is a girl aged 19 years. The petitioner herein has wife and two children. The prosecution case is that by suppressing the said fact, the petitioner made her believe that he is a bachelor, he promised that he would marry her, he thus took her to an uninhabited house at Chavakkad under some false

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pretext, and subjected her to sexual intercourse there without her free consent. Believing that the petitioner would

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B.A.No. 5407 of 2016

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-2-

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marry her, she revealed everything to the parents on the next day. Only when the parents made an enquiry, they came to know that the petitioner has wife and two children, and that their daughter was in fact cheated by the petitioner.

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For a just decision, I issued notice to the defacto complainant, and interacted with her in open court. I find that this is a clear case of cheating under a false promise of marriage. There is reason to believe that the girl unwillingly consented for sexual intercourse when she was made to believe by the petitioner that he is a bachelor, and that he would marry her. The true facts came out when her parents made an enquiry, and the Police interrogated the petitioner. This is nothing but a case of sexual exploitation of an innocent girl. There is no doubt that if the petitioner is released, he will trap other girls also in like manner.

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In the result, this application for bail is dismissed.

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JUDGE

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P.UBAID

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Abi @ Abeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abi @ Abeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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