Allowed an anticipatory bail petition under Section 438 Cr.P.C. for a 75-year-old retired professor accused of sexual molestation, noting the one-year delay in filing the FIR as a suspicious circumstance indicating the allegations were false.
Petitioner released on bail after interrogation by executing a bond for Rs. 25,000 if arrested.
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 K.ABRAHAM MATHEW
TUESDAY, THE 14TH DAY OF MARCH 2017/23RD PHALGUNA, 1938
Bail Appl..No. 1285 of 2017 ----------------------------
CRIME NUMBER NOT KNOWN ----------
PETITIONER:
DR.U.LAZAR JOHN, S/O. JOHN, SAI KRISHNA, OPP CARMEL SCHOOL SHORANUR,PALAKKAD - 2. BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 030.
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
K.ABRAHAM MATHEW, J.
B.A.No. 1285 of 2017
Dated this the 14th day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
In the result, this Bail Application is allowed.
B.A.No. 1285 of 2017 2
The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/(Rupees Twenty five thousand only) if he is arrested by the investigating officer in connection with this case.
If he surrenders before the Magistrate, this order is not applicable
and the learned Magistrate may pass appropriate orders.
K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving sexual molestation allegations where the FIR was registered with significant delay.
1 provisions across 1 enactments
Dr.U.Lazar John
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
