The single accused, Vineeth A., sought bail for offences under IPC and the SC/ST Atrocities Act involving alleged sexual assault. The High Court held the application was not a fit case for anticipatory bail under Section 438 Cr.P.C. and dismissed it.
Bail application dismissed; it is not a fit case for invoking jurisdiction under Section 438 Cr.P.C.
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 SUNIL THOMAS
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
Bail Appl..No. 7707 of 2015 ()
CRIME NO. 959/2015 OF PAZHAYANNOOR POLICE STATION, THRISSUR DISTRICT
APPLICANT/ACCUSED :
VINEETH A., S/O.RAMANKUTTY, AGED 19 YEARS NAMBRATH, KUMBALAKODE KUMBALAKODE P.O., THRISSUR.
BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU BY ADVS.SRI.THOMAS J. ANAKKALLUNKAL SMT.MITHA SUDHINDRAN
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
SUNIL THOMAS, J.
B. A. No. 7707 of 2015
Dated this the 8th day of January, 2016
O R D E R
The petitioner is the sole accused in Crime No.959/2015 of Pazhayannoor Police Station for offences punishable under Sections 341, 354A and 354D of IPC and 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
complaint on the next day itself. There is a specific allegation that the accused had made sexual overtures, caught hold of her
B. A. No. 7707 of 2015
2
and pushed her to the nearby hedge. She was saved by another relative. The corresponding version is spoken by the close relative who intervened.
Accordingly, the bail application is dismissed.
Sd/SUNIL THOMAS, JUDGE.
/true copy/
P. A. to Judge
Pn
1 issue framed by the court
Whether the jurisdiction under Section 438 of the Cr.P.C. is liable to be invoked in this case.
3 provisions across 3 enactments
Vineeth A.
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
