Ajayakumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 10, 2023

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Citation: sooperkanoon.com/1378881
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Aug 10, 2023
Case Number: Bail Appl./6485/2023

Parties & Advocates

Appellant / Petitioner

Ajayakumar

Respondent

State of Kerala

Excerpt

.....this bail application having come up for admission on 10.08.2023, the court on the same day delivered the following:o r d e rdated this the 10th day of august, 2023 the petitioner is the 2nd accused in crime no. offences alleged against the petitioner are punishable under sections 349, 376-d and 506 of the ipc.2. the prosecution case is that, on 19.05.2023 at about 12 noon, the petitioner along with the 1 st accused, trespassed into the house of the victim, and committed rape on her. the crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 23.05.2023 and since then, he has been under judicial detention. this application for regularbail is filed in such circumstances.3. heard sri.denizen komath, the learned counsel appearing for the petitioner and sri. c.s.hrithwik, the learned senior public prosecutor for the state.4. i have carefully gone through the recordsincluding the statements of the victim. it is discernible that specific allegations of forceful sexual assault are mentioned therein. initially the rape was conducted by the 1st accused in the presence of the petitioner herein and thereafter the petitioner committed rape. from the materials placed on record, it is evident that there is a prima facie case against the petitioner and theallegations are very serious in nature. of course, it is true that the final report is already submitted. however, considering the serious nature of the allegations, and circumstances in which the offences are committed, i am of the view that this is not a fit case to grant bail. accordingly this application is dismissed. sd/- ziyad rahman a.a. judge sm appendix of bail appl. 6485/2023 petitioner annexures annexure-a1 true photocopy of the fir in crime number annexure-a2 true photocopy of the order of this hon'ble court in b.a.no.4970/2023 dated 10.07.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945 BAIL APPL. NO. 6485 OF 2023 PETITIONER/S: AJAYAKUMAR AGED 42 YEARS SON OF GOPIKUMAR, PUTHANPURACKAL HOUSE, KULAPPULLY DESOM, SHORNUR II VILLAGE, PALAKKAD., PIN - 679122 BY ADVS. DENIZEN KOMATH PRINCE N.J. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM., PIN - 682031 2 ASSISTANT COMMISSIONER OF POLICE KUNNAMKULAM, THRISSUR, PIN - 680503 OTHER PRESENT: ADV. C S HRITHWIK - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Dated this the 10th day of August, 2023 The petitioner is the 2nd accused in Crime No. offences alleged against the petitioner are punishable under Sections 349, 376-D and 506 of the IPC.

2. The prosecution case is that, on 19.05.2023 at about 12 noon, the petitioner along with the 1 st accused, trespassed into the house of the victim, and committed rape on her. The crime was registered in such circumstances and as part of the

   investigation,         the     petitioner         was     arrested     on
   23.05.2023       and    since    then,       he    has     been     under
   judicial       detention.      This   application         for     regular

bail is filed in such circumstances.

3. Heard Sri.Denizen Komath, the learned counsel appearing for the petitioner and Sri. C.S.Hrithwik, the learned Senior Public Prosecutor for the State.

4. I have carefully gone through the records

including the statements of the victim. It is discernible that specific allegations of forceful sexual assault are mentioned therein. Initially the rape was conducted by the 1st accused in the presence of the petitioner herein and thereafter the petitioner committed rape. From the materials placed on record, it is evident that there is a prima facie case against the petitioner and the

allegations are very serious in nature. Of course, it is true that the final report is already submitted. However, considering the serious nature of the allegations, and circumstances in which the offences are committed, I am of the view that this is not a fit case to grant bail. Accordingly this application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE SM APPENDIX OF BAIL APPL. 6485/2023 PETITIONER ANNEXURES Annexure-A1 TRUE PHOTOCOPY OF THE FIR IN CRIME NUMBER Annexure-A2 TRUE PHOTOCOPY OF THE ORDER OF THIS HON'BLE COURT IN B.A.NO.4970/2023 DATED 10.07.2023

Same Court & Year Kerala Orders · 2023 Same Parties Ajayakumar vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.