Dismissed

Manu Joseph, v. the State of Kerala

Kerala HC9 Oct 2018Bail Appl./5907/2018

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court of Kerala dismissed the plea of an accused who tested as the biological father of a fetus conceived in rape against a disabled victim, finding no reason to enlarge him on bail due to the nature of the offence and investigation stage.

What did the court decide?

The application for release on bail is dismissed; the accused is not enlarged on bail.

Manu Joseph, Vs the State of Kerala — Bail and Remand | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

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Bail Appl..No. 5907 of 2018

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CRIME NO. 27/2017 OF RAJAPURAM POLICE STATION, KASARGOD

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PETITIONER/ACCUSED:

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MANU JOSEPH, AGED 24 YEARS, S/O JOSEPH, THEKKEKUNNAL HOUSE, KODOTH P. O., KODOTH VILLAGE, VELLARIKUNDU TALUK, KASARAGOD.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY SRI.C. N. PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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This application is filed under Section 439 of the Cr.P.C.

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The applicant herein is the accused in Crime No.27 of

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2017 registered at the Rajapuram Police Station, under Section 376 of the Indian Penal Code.

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BA:5907/18

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The victim is a deaf and dumb lady and she is also a victim of Endosulfan poisoning. She is unmarried. The applicant herein is her younger brother. The victim showed some sickness and ailments and she was taken to the hospital by her mother. On examination, she was found to be pregnant. As her physical condition made it highly risky for her to conceive, the pregnancy was aborted. It was evident that the lady was raped and to identify the accused, sample of her fetus was sent for DNA analysis along with the samples of the applicant and his father. The result showed that the applicant herein was the biological father. He is thus roped in as the accused.

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The learned counsel appearing for the applicant submitted that the applicant was arrested on 14.08.2018 and has undergone substantial period of incarceration. It is prayed that he be released on bail.

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The learned Public Prosecutor has strenuously opposed the prayer. It is submitted that lady is totally disabled and sick. The incident reeks of extreme depravity. The report of DNA analysis clinches the issue and the applicant cannot now contend that he

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BA:5907/18

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was framed. It is submitted that the investigation is still in the early stages and in view of the serious nature of allegations, his release on bail at this stage is unwarranted.

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I have considered the submissions advanced and have

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gone through the materials on record.

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I find considerable merit in the submissions advanced by the learned Public Prosecutor. Having regard to the severity of the accusations against the applicant, the materials in support thereof and the stage of investigation, I find no reason to enlarge the applicant on bail at this stage.

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This application will stand dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV/9/10/18

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//True Copy// P.A.To Judge

Manu Joseph, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Manu Joseph, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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