The High Court of Kerala disposed of two regular bail applications filed by accused persons in a kidnapping and rape case involving a mentally challenged victim.
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 ZIYAD RAHMAN A.A.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945 BAIL APPL. NO. 1707 OF 2023
CRIME NO.114/2023 OF PUNALUR POLICE STATION
PETITIONER/2ND ACCUSED:
BINU RAJ AGED 36 YEARS
S/O RAJAN, LAKSHMI NIVAS, ARAMPUNNA, ELAMPAL P.O. PUNALUR VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT, PIN - 691305 BY ADV A.SANIL KUMAR
RESPONDENT/STATE & COMPLAINANT:
ADV T R RENJITH-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.03.2023, ALONG WITH Bail Appl..2477/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.1707 & 2477 of /2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
BAIL APPL. NO. 2477 OF 2023
CRIME NO.114/2023 OF PUNALUR POLICE STATION
PETITIONER/1ST ACCUSED:
SIVAPRASAD AGED 35 YEARS S/O SIVARAJAN PILLAI RESIDING AT SREEKRISHNA VILASAM, MANJAMANKALA ,CHEMMANTHOOR MURI,PUNALUR P.O, KOLLAM DISTRICT, PIN - 691305 BY ADVS. NIRMAL V NAIR ANEES.T ARATHI PRABHAKARAN DELLA ABRAHAM
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031
ADV T R RENJITH-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.03.2023, ALONG WITH Bail Appl..1707/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.1707 & 2477 of /2023
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ORDER
Dated this the 30th day of March, 2023
B.A. No.1707/2023 is filed by the 2nd accused and B.A. No.2477/2023 is filed by the 1st accused in crime No.114/2023 of Punalur Police Station. The offences alleged against the petitioners are under Sections 366, 376(2)(I) and 377 read with Section 34 of the Indian Penal Code.
B.A.Nos.1707 & 2477 of /2023
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approached this Court by filing B.A. No.1069/2022 which was also dismissed by this Court. In such circumstances these bail applications were submitted seeking regular bail.
out that, the investigation is now in progress and hence if the petitioners were released on bail, it is likely to hamper the
B.A.Nos.1707 & 2477 of /2023
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prospects of investigation.
In such circumstances, I do not find any merits in these bail applications and these bail applications are dismissed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
B.A.Nos.1707 & 2477 of /2023
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APPENDIX OF BAIL APPL. 1707/2023
PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE JUDGMENT DATED 7.2.2023 IN BAIL APPLICATION NO.925/2023 PASSED BY THIS HON'BLE COURT
B.A.Nos.1707 & 2477 of /2023
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APPENDIX OF BAIL APPL. 2477/2023
PETITIONER ANNEXURES Annexure 2 A TRUE COPY OF THE ORDER DATED 27-012023 IN C.M.P 847/2023 IN CRIME NO.114/2023 OF THE JMFC II, PUNALUR Annexure 3 A TRUE COPY OF THE ORDER DATED 3-32023 IN B.A. NO. 1069/2023 ON THE FILES OF THIS HONOURABLE COURT
2 issues framed by the court
Whether bail should be granted to the petitioners charged with offences under Sections 366, 376 and 377 read with Section 34 IPC when investigation is still in progress.
Whether the lapse of over 70 days from the date of arrest constitutes sufficient grounds to grant regular bail in the present circumstances.
BINU RAJ
SIVAPRASAD
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
