This bail application under Section 438 CrPC was dismissed as the court found no material to show charges were groundless or made with oblique motive. The petitioner was simultaneously granted permission to surrender voluntarily within seven days.
Bail applications dismissed; petitioner permitted to surrender within seven days.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 17TH DAY OF JULY 2017/26TH ASHADHA, 1939
BAIL APPL..NO. 4334 OF 2017 ()
(CRIME NUMBER AND OFFENCE NOT KNOWN OF PERINTHALMANNA POLICE STATION)
PETITIONER(S)/ACCUSED:
BENNY PAUL P.
S/O. VARKEY PAULO, AGED 49 YEARS, PALATTY HOUSE, MANJAPRA, ERNAKULAM - 683 581.
BY ADV. SRI.DENIZEN KOMATH.
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
BY PUBLIC PROSECUTOR SRI. M.R DHANIL.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17-07-2017, ALONG WITH BA.NO.4809/2017, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
DXY
RAJA VIJAYARAGHAVAN V, J.
B.A Nos.4334 & 4809 of 2017
O R D E R
B.A Nos.4334 & 4809 of 2017
2
B.A Nos.4334 & 4809 of 2017
3
Considering the facts and circumstances of the case, it is felt that this is not a fit case warranting exercise of the extra ordinary jurisdiction of this court under Section 438 of Cr.PC. The application is accordingly dismissed.
B.A Nos.4334 & 4809 of 2017
4
jurisdictional Court shall consider the same and pass
appropriate orders, expeditiously.
With these observations, the applications are
dismissed.
RAJA VIJAYARAGHAVAN V JUDGE
ps/17/7/17
2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC is warranted in a prima facie case involving serious sexual offence against a minor.
Whether there is sufficient material to conclude that charges were made with oblique or ulterior motives.
1 provisions across 1 enactments
Benny Paul P.
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
