This single-paragraph order dismissed an anticipatory bail application. The court held that given the grave nature of the alleged offence involving a minor and corroborating medical evidence, the case was not fit for the grant of pre-arrest bail under Section 438 CrPC.
Pre-arrest bail application under Section 438 CrPC dismissed.
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
TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939
Bail Appl..No. 144 of 2018
CRIME NO. 1426/2017 OF VILAPPILSSALA POLICE STATION ,THIRUVANANTHAPURAM
PETITIONER/ACCUSED
VISHNU,AGED 22 YEARS, S/O.VIJAYAN, VAZHAVILA ROADARIKATH VEEDU, ANTHIYOORKONAM, MALAYINKEEZH, THIRUVANANTHAPURAM
BY ADV.SMT.KEERTHI SOLOMON
RESPONDENT/COMPLAINANT:
1. THE SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PBS
RAJA VIJAYARAGHAVAN V, J.
B.A.No.144 of 2018
Dated this the 23rd day of January, 2018
ORDER
B.A.No.144 of 2018 2
made available the report of medical examination of the victim. The report corroborates the prosecution version. The victim is a minor and the offence alleged is extremely grave.
This petition is dismissed.
Sd/RAJA VIJAYARAGHAVAN V.,
JUDGE
//True Copy\
P.A to Judge
IAP
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving penetrative sexual assault on a minor.
Whether the nature of the offence and age of the victim preclude the grant of anticipatory bail.
3 provisions across 3 enactments
VISHNU
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
