The High Court of Kerala entertained a bail application under Section 438 Cr.P.C. alleging sexual intercourse and false promise of marriage. Finding a prima facie case and that bail is not fitting, the court dismissed the application.
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
WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938
Bail Appl..No. 339 of 2017 ()
-----------------------------CRIME NO. 21/2017 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT
PETITIONER/ACCUSED:
JIJO SAMUEL, S/O.SAMUEL, AGED 32 YEARS, KADAKKAL HOUSE, MUTTOM P.O., HARIPPAD, ALAPPUZHA DISTRICT.
BY ADVS.SRI.I.V.PRAMOD
SRI.K.V.SASIDHARAN
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
BY SR PUBLIC PROSECUTOR SRI.C.K.SURESH (FOR ADGP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.ABRAHAM MATHEW, J.
B.A.No.339 of 2017
Dated this the 1st day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
Kareelakulangara Police Station registered for the offence under Section 376 of the IPC.
victim, and the learned Public Prosecutor.
2
B.A.No.339 of 2017
left for foreign country she stayed with his parents for a brief period. All these facts indicate that the prosecution version is probable. There is a prima facie case against the petitioner. It is
not in the fitness of things to grant him anticipatory bail.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW, JUDGE
ln
/True copy/
P.A. to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the accused facing charges under Section 376 IPC.
1 provisions across 1 enactments
JIJO SAMUEL
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
