The High Court of Kerala dismissed the bail application of the first accused in a rape case under IPC and SC/ST Act, refusing relief due to pending investigation and the gravity of the offence despite submissions of settlement.
Bail application dismissed; petitioner remains in custody.
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
WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938
Bail Appl..No. 7518 of 2016
CRIME NO. 6/2016 OF SPECIAL MOBILE SQUAD POLICE STATION, KASARGOD
PETITIONERS/1ST ACCUSED:
RAGHAVENDRA PRASAD, AGED 36 YEARS, S/O. RAMA PATTALI, RESIDING AT MAYIPPADY HOUSE, SHIRIBAGILU VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS/COMPLAINANT AND STATE:
1. THE DEPUTY SUPERINTENDENT OF POLICE, SPECIAL MOBILE SQUAD POLICE STATION, KASARAGOD-671121.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY GOVERNMENT PLEADER SRI.RAMESH CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
B.SUDHEENDRA KUMAR, J.
==========================================
B.A No.7518 of 2016
========================================== Dated this the 26th day of October, 2016
ORDER
The petitioner is the first accused in Crime No.6 of 2016
of the Special Mobile Squad Police Station,Kasaragod, registered for the offences under Sections 368 and 376 IPC and Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
B.A No.7518 of 2016 2
facie to show that the petitioner also committed rape on her. Investigation is not yet complete.
the matter has been settled between the parties and hence the victim had filed an affidavit before the court in Crl. M.C. 1934/2016. The above submission would reveal the influence of the petitioner. Therefore, if the petitioner is released on bail at this stage, there is every likelihood that the petitioner will intimidate and influence the witnesses and thereby tamper with the investigation. Considering the nature and gravity of the offence alleged against the petitioner, I
am not inclined to grant bail to the petitioner at this stage.
In the result, this application stands dismissed.
B.SUDHEENDRA KUMAR, JUDGE
al
2 issues framed by the court
Whether bail should be granted to the first accused in a rape case under IPC and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act where investigation is pending and the matter is a
Whether the submission that the matter has been settled by the victim impacts the grant of bail in a serious non-bailable offence.
2 provisions across 2 enactments
RAVAGHENDRA PRASAD
THE DEPUTY SUPERINTENDENT OF POLICE, SPECIAL MOBILE SQUAD POLICE STATION, KASARAGOD
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
