In High Court bail application No. 2506/2023, the Court rejected the request for anticipatory bail. The prosecution alleged rape under IPC 376(1) and forceful assault. The Court found a prima facie case based on police records and deemed it unfit for bail.
The application for anticipatory bail was 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 ZIYAD RAHMAN A.A. FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945
BAIL APPL. NO. 2506 OF 2023
CRIME NO.27/2023 OF VALAYAM POLICE STATION
PETITIONER/ACCUSED:
RAJESH
AGED 39 YEARS S/O KANNAN, VATTAPARAMBIL HOUSE, NIDUMPARANBA P O, VATAKARA TALUK, KOZHIKODE DISTRICT -, PIN - 673101 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R.
RESPONDENT/STATE:
ADV C S HRITHWIK -SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 2nd day of June, 2023
The petitioner is the accused in crime No.27/2023 of Valayam Police Station. The offences alleged against the petitioner are under Sections 450, 342, 376(1) and 506(2) of the Indian Penal Code.
for the petitioner and Sri. C.S. Hritwik, the learned Senior Public Prosecutor for the State.
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was on the basis of mutual consent. Both of them had acquaintance for a long time. The learned counsel for the petitioner further points out that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and shall cooperate with the investigation.
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to substantiate the same, at this juncture, I am not inclined to accept the said contention. From the materials now available on
record, there is prima facie case against the petitioner and the allegations are very serious.
In such circumstances, I do not find this as a fit case in which anticipatory bail can be to the petitioner. In the result, this application is dismissed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
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APPENDIX OF BAIL APPL. 2506/2023
PETITIONER ANNEXURES Annexure I A COPY OF THE ORDER DATED 15.10.2023 IN CRL MC NO 321/2023 ANNEXURE-I A TRUE COPY OF THE PHOTOS OF THE PETITIONER AND THE DEFACTO COMPLAINANT
3 issues framed by the court
Whether the applicant is entitled to anticipate bail in a case alleging rape under Sections 376(1), 506(2) IPC given the specific allegations of forceful assault.
Whether the apprehension of arrest warrants the grant of bail.
Whether the prima facie case and seriousness of the allegations preclude bail.
2 provisions across 2 enactments
RAJESH
STATE OF KERALA
ZIYAD RAHMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
