Manu Vs. State of Kerala

Manu vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 02, 2014

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https://sooperkanoon.com/case/1102128

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Citation: sooperkanoon.com/1102128
Court: Kerala High Court
Judge: Honourable Mr.Justice P.Bhavadasan
Decided On: Jan 02, 2014
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Manu

Respondent

State of Kerala

Excerpt

.....an abortion. further allegation against the petitioner is that he thereafter, withdrew from the company of the victim and crl.m.c. no.6572/2013 -2- retracted from his promise.4. on a reading of the fis, it would appear that at the first instance, the victim resisted the move of the petitioner. but he overpowered her and committed sexual assault on her. he further promised to marry her and that seems to have prompted the victim to have physical relationship with him on a few subsequent occasions. on going through the fis, it could not be said that no cognizable offence is made out as of now. when a cognizable offence is made out on the basis of the allegations in the complaint and an fir registered, this court is certainly precluded from interfering with the investigation of the case and the investigation must go on. in the light of the said fact, this petition is only to be dismissed. accordingly, this petition is dismissed and i do so. however, if so advised, the petitioner may surrender before the investigating officer on or before 09.01.2014, who after interrogation, shall produce him before the jfcm crl.m.c. no.6572/2013 -3- court concerned. if the petitioner moves an application for bail before the said court, the learned magistrate shall consider and pass appropriate orders thereon in accordance with law, preferably on the date of surrender itself. p.bhavadasan judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Crl.MC.No. 6572 of 2013 () --------------------------- CRIME NO. 863/2013 OF SAKTHIKULANGARA POLICE STATION,KOLLAM ------- PETITIONER/ACCUSED : ------------------ MANU, S/O. MANI, AGED20YEARS, MADAMBISSERI PADINJATTATHIL MARUTHADI P.O., KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS/STATE AND COMPLAINANT : --------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. JASMIN, D/O. LAILA, JASMIN MANZIL, VAYALIL VEEDU, NEAR KOTTCHIRA MADANKAVU, MAMOODU, KOTTAMKARA, KOLLAM - 6581 006. R1 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP Crl.MC.No. 6572 of 2013 () APPENDIX PETITIONER'S ANNEXURES : ANNEXURE A: COPOY OF THE FIR & FIS IN CRIME NO. 863/2013 OF SAKTHIKULANGARA POLICE STATION. RESPONDENT'S ANNEXURES : NIL. //TRUE COPY// P.A. TO JUDGE BP P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No.6572 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of January, 2014 ORDER

This is a petition filed under Section 482 of Cr.P.C. seeking to have Annexure A quashed on the ground that even assuming all the allegations are true, no offence is made out.

2. The petitioner petitioner is accused in Crime No. 863 of 2013 of Sakthikulangara Police Station who is alleged to have committed the offences punishable under Section 376 of IPC.

3. The allegation against the petitioner is that he violated the body of the victim overpowering her resistance and promised to marry her and as a result of which there were subsequent physical contact between the two. The victim is said to have conceived and she underwent an abortion. Further allegation against the petitioner is that he thereafter, withdrew from the company of the victim and Crl.M.C. No.6572/2013 -2- retracted from his promise.

4. On a reading of the FIS, it would appear that at the first instance, the victim resisted the move of the petitioner. But he overpowered her and committed sexual assault on her. He further promised to marry her and that seems to have prompted the victim to have physical relationship with him on a few subsequent occasions. On going through the FIS, it could not be said that no cognizable offence is made out as of now. When a cognizable offence is made out on the basis of the allegations in the complaint and an FIR registered, this Court is certainly precluded from interfering with the investigation of the case and the investigation must go on. In the light of the said fact, this petition is only to be dismissed. Accordingly, this petition is dismissed and I do so. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 09.01.2014, who after interrogation, shall produce him before the JFCM Crl.M.C. No.6572/2013 -3- Court concerned. If the petitioner moves an application for bail before the said court, the learned Magistrate shall consider and pass appropriate orders thereon in accordance with law, preferably on the date of surrender itself. P.BHAVADASAN JUDGE

Same Court & Year Kerala · 2014 Same Parties Manu vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.Bhavadasan