The High Court of Kerala dismissed a bail application for the first accused in a rape and SC/ST atrocity case. Rejecting the plea due to incomplete investigation and lack of changed circumstances following a prior dismissal. The application was withdrawn.
Application stands dismissed; petitioner not enlarged on bail.
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
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
Bail Appl..No. 7983 of 2016 ()
CRIME NO. 6/2016 OF SMS(SPECIAL MOBILE SQUAD) POLICE STATION , KASARGOD
PETITIONER/1ST ACCUSED:
RAGHAVENDRA PRASAD, AGED 36 YEARS, S/O RAMA PATTALI, RESIDING AT MAYIPPAADY HOUYSE, SHIRIBAGILU VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS/COMPLAINANT AND STATE:
ERNAKULAM 682 031.
BY PUBLIC PROSECUTOR SRI RAMESH CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-112016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
O R D E R
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 I.P.C. and Sections 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
B.A.7983/2016
: 2 :
had already dismissed the application filed by the petitioner
as per order dated 26.10.2016 in B.A No.7518 of 2016. No change in circumstance has been brought to the notice of this court by the learned counsel for the petitioner entitling the petitioner to be enlarged on bail. For the said reason, I am not inclined to grant bail to the petitioner at this stage.
In the result, this application stands dismissed.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
dl/18.11.2016
// True Copy // PA to Judge
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail given that the investigation is not complete and a prior bail application was dismissed with no change in circumstances.
RAGHAVENDRA PRASAD
STATE OF KERALA
B SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
