This is an anticipatory bail application under Section 438 Cr.P.C. The petitioner, accused of raping a child studying in primary school, sought bail. The court declined the prayer, citing the nature of the case requiring interrogation in custody.
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
FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938
Bail Appl..No. 68 of 2017 ---------------------------
CRIME NO. 398/2016 OF VAZHIKKADAVU POLICE STATION, MALAPPURAM -----------------
PETITIONER/ACCUSED:
JOHN JOSEPH @ JOHNY PAPPU, AGED 60 YEARS, S/O. JOSEPH, PALAKKATT, VALLIKKAD VAZHIKKADAVU, MALAPPURAM DISTRICT.
BY ADV. SRI.LAL K.JOSEPH
SRI.ZIYAD RAHAMAN
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, VAZHIKKADAVU POLICE STATION 677601.
BY PUBLIC PROSECUTOR SRI SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
K.ABRAHAM MATHEW, J.
--------------------------------------B.A.No.68 of 2017
Dated this the 13th day of January, 2017
Petition filed under Section 438 Cr.P.C.
No.398/2016 of Vazhikkadavu Police Station registered for the offences under Sections 376(2)(i), 376(2)(n), 376(2)(f) IPC and Sections 5(l), 5(m), 5(n), 6, 9(l) and 9(m) of Protection of Children from Sexual Offences Act. He is said to have committed rape on a child who was studying in primary school. The incident happened between April, 2012 and 2014.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
sd // True Copy // P.A.to Judge
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. can be granted to an accused involved in rape against a child.
Whether the allegations against the petitioner can be dismissed as false at the admission stage.
John Joseph @ Johny Pappu
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
