Abdul Basheer Vs. State of Kerala

Abdul Basheer vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 20, 2012

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https://sooperkanoon.com/case/1009485

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Citation: sooperkanoon.com/1009485
Court: Kerala High Court
Judge: Honourable Mr.Justice P.Bhavadasan
Decided On: Dec 20, 2012
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Abdul Basheer

Respondent

State of Kerala

Excerpt

.....falsely implicated with ulterior motive. it is also pointed out that if at all any sexual intercourse has taken place it is with the consent of the victim. therefore, he seeks pre-arrest bail.3. the learned public prosecutor opposed the petition pointing out that the allegation are serious in nature and one of the victim is less than 18 years of age. it is also pointed out that the investigation is going on and granting anticipatory bail to the petitioner may hamper the investigation.4. cd was made available for perusal. true, there is delay in lodging the complaint. but delay in such cases depends upon the facts and circumstances of each cases. in the case on hand explanation has been offered for the delay. the claim of b.a no.9487 of 2012 :2. the petitioner that he is innocent and has been falsely implicated does not appear to be correct. a further probe into the details is unwarranted at this point of time.5. suffice to say that, considering the nature of allegation against the petitioner, gravity of the offence and also the fact that the investigation is at the initial stage, preclude this court from exercising its extraordinary jurisdiction in favour of the petitioner. the petition is dismissed. however, if so advised, the petitioner may surrender before the investigating officer on or before 28.12.2012, who after interrogation, shall produce him before the jfcm court concerned. if the petitioner move an application for regular bail before the said court, the learned magistrate shall consider and pass orders thereon in accordance with law, if possible, on the same day itself. p.bhavadasan judge ab

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 9487 of 2012 () ------------------------------ CRIME NO.1019/2012 OF KASARGOD POLICE STATION, KASARGOD PETITIONER(S)/ACCUSED NO.2: --------------------------- ABDUL BASHEER, AGED 2 YEARS, S/O.ABDUL RAHIMAN, PALLIKKAL HOUSE, MARA JUMA MASJITH, KASARGOD. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S)/COMPLAINANT: -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- P.BHAVADASAN, J ----------------------------------------- B.A No.9487 of 2012 --------------------------------------------------- Dated this the 20th day of December, 2012 ORDER

The petitioner is the 2nd accused in Crime No.1019/2012 of Kasargod Police Station for having committed offence punishable under Sections 366, 376, r/w 34 IPC.

2. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. It is also pointed out that if at all any sexual intercourse has taken place it is with the consent of the victim. Therefore, he seeks pre-arrest bail.

3. The learned Public Prosecutor opposed the petition pointing out that the allegation are serious in nature and one of the victim is less than 18 years of age. It is also pointed out that the investigation is going on and granting anticipatory bail to the petitioner may hamper the investigation.

4. CD was made available for perusal. True, there is delay in lodging the complaint. But delay in such cases depends upon the facts and circumstances of each cases. In the case on hand explanation has been offered for the delay. The claim of B.A No.9487 of 2012 :

2. the petitioner that he is innocent and has been falsely implicated does not appear to be correct. A further probe into the details is unwarranted at this point of time.

5. Suffice to say that, considering the nature of allegation against the petitioner, gravity of the offence and also the fact that the investigation is at the initial stage, preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. The petition is dismissed. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 28.12.2012, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner move an application for regular bail before the said court, the learned Magistrate shall consider and pass orders thereon in accordance with law, if possible, on the same day itself. P.BHAVADASAN Judge ab

Same Court & Year Kerala · 2012 Same Parties Abdul Basheer vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice P.Bhavadasan