Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 Bail Appl..No. 501 of 2013 (A) ----------------------------------------- [CRIME NO. 670/2012 OF MAYYIL POLICE STATION , KANNUR DISTRICT] ............... PETITIONER/ACCUSED: ---------------------------------- K.K.RATHEESH, S/O.KUNHIRAMAN,AGED 2 YEARS, KOMARATHANKUNNUMMEL HOUSE, KAYARALAM AMSOM,VELAM KANNUR DISTRICT. BY ADVS.SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH. RESPONDENT/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER, MAYYIL POLICE STATION,KANNUR-670 602.
3. SUJINA M.V, D/O.K.V.SURENDRAN, MANTHOOR VALAPPIL,KUTTIATTOOR, KANNUR-670 602. BY PUBLIC PROSECUTOR SMT. LALIZA. T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.BHAVADASAN, J ----------------------------------------- B.A No.501 of 2013 --------------------------------------------------- Dated this the 30th day of January, 2013 ORDER
The petitioner is the accused in Crime No.670/2012 of Mayyil Police Station for having committed offences punishable under Sections 354 and 377 IPC.
2. The allegation against the petitioner is that the petitioner and the 3rd respondent were in love and he indulged in unnatural sex with the 3rd respondent against her wish.
3. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. According to him on a reading of the complaint and also the statement given by the victim, it can be seen that the allegations are false. He therefore seeks pre-arrest bail.
4. The learned Public Prosecutor opposed the petition pointing out that on going through the statement of the victim it is seen that the petitioner had committed the offence. At any rate, the learned Public Prosecutor pointed out that the investigation is at the initial stage. B.A No.501 of 2013 :
2. 5. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and after having perused the records the claim of the petitioner that he is innocent cannot be accepted. The materials show otherwise. A deeper probe into the veracity of allegations is not warranted at this point of time. The allegations are true and grave in nature. Considering the nature of allegations, the manner in which the act committed by him and consequences thereof and also the fact that investigation is at the initial stage, preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. The petition is dismissed. P.BHAVADASAN Judge ab