The High Court of Kerala dismissed the petition for anticipatory bail, noting no change in circumstances and that the accused was evading the law. The court permitted the petitioner to surrender within 15 days to seek regular bail.
Petitioner directed to surrender before the investigating officer within 15 days to obtain regular 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.KEMAL PASHA
WEDNESDAY, THE 4TH DAY OF JANUARY 2017/14TH POUSHA, 1938
Bail Appl..No. 8895 of 2016 ()
------------------------------CRIME NO. 352/2014 OF KOLATHUR POLICE STATION , MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
ABU HANEEFA, S/O.KUNJALAN, AGED 30 YEARS, CHULLIYIL HOUSE, KARUVA, KOOTTILINGADI, MALAPPURAM DISTRICT.
BY ADVS.SRI.K.I.ABDUL RASHEED SRI.DILEEP D BHAT SMT.P.K.MINIMOLE
RESPONDENT(S)/STATE & COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT, PIN-679 338
BY SR PUBLIC PROSECUTOR SRI.M.I.JOHNSON
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
B. KEMAL PASHA, J.
................................................................ B.A. No. 8895 of 2016
............................................................... Dated this the 4th day of January, 2017.
O R D E R
Petition under Section 438 Cr.P.C.
the Kolathur Police Station, Malappuram District registered for the offences punishable under Sections 450, 323, 376 and 420 IPC.
in hardware and sanitary items for an amount of ₹2,000/- as
B.A.No. 8895 of 2016
-: 2 :-
monthly rent. Thereafter, by giving several promises, the petitioner obtained money and gold ornaments from the defacto complainant to the tune of ₹3.5 lakhs. It is alleged
that on 26.03.2014 by about 2.30 p.m., the petitioner trespassed into the bedroom of the defacto complainant, caught hold of her and slapped her and thereafter committed rape on her. It is alleged that he took her nude photographs by using his mobile phone and thereafter, he used to pester her by threatening that her photographs would be uploaded in the Internet. On such threat, she was repeatedly exploited sexually. The money obtained from her was not repaid. The petitioner has stopped paying rent also. When rent is being demanded, she is being intimidated.
B.A.No. 8895 of 2016
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The petitioner has once again approached this Court by highlighting some other grounds.
and the learned Senior Public Prosecutor, this Court is of the view that the present grounds pointed out by the petitioner cannot be entertained at this stage. There is no change of circumstances at all. In fact, the petitioner is evading the process of law.
the petitioner can be permitted to surrender before the investigating officer within 15 days from today.
In the result, this B.A. is disposed of by directing the
B.A.No. 8895 of 2016
-: 4 :-
the petitioner to surrender before the investigating officer within a period of fifteen days from today, and on such surrender, the investigating officer shall conduct and complete the interrogation and collection of evidence expeditiously, and without further delay produce the petitioner before the court concerned. The said court on such production, shall dispose of the application seeking bail that may be filed by the petitioner, preferably on date of filing itself, provided advance notice on such application has been given to the Public Prosecutor also.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail given the lack of change in circumstances and his ongoing evasion of the process of law.
Abu Haneefa
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
