Prasanth vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 21, 2022

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Citation: sooperkanoon.com/1499882
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jul 21, 2022
Case Number: Bail Appl./5502/2022

Parties & Advocates

Appellant / Petitioner

Prasanth

Respondent

State of Kerala

Excerpt

.....is an application seeking regular bail filed under section 439 of the code of criminal procedure, 1973.2. petitioner is the sole accused in crime no.694/2022 ofparassala police station, thiruvananthapuram, alleging offences under sections 294(b), 323, 324, 354, 354b and 376(2)(n) r/w section 506 of the indian penal code, 1860 and section 67 r/w section 67a of the information technology act, 2000.3. the prosecution case is that on 23.03.2022, theaccused committed rape on the survivor and took her nude photographs and forwarded them to her husband, her son and to all friends of the petitioner and thereby, committed the offences alleged against him.4. shri.gopan, the learned counsel for the petitioner,contended that the entire prosecution case is false and that even if it is assumed to be correct, still it will only reveal a consensual relationship. in any event, it was submitted that since the petitioner was arrested on 20.06.2022, the continued detention of the petitioner is not warranted.5. shri.noushad k.a., the learned public prosecutoropposed the grant of bail and pointed out that the petitioner, apart from committing the heinous crime of rape, had forwarded the nude photographs of the victim to her family members including her son as well as to the friends of the petitioner. it was further pointed out that if the petitioner is released on bail, there is every chance of him intimidating or threatening the victim as well as other witnesses.6. taking note of the gravity of the offences alleged,including the nature of crime as well as the alleged conduct in sending photographs of the victim to her husband and son, i am of the view that there is every chance that the petitioner may intimidate/threaten the witnesses including the victim.7. in such a view of the matter, i find no reason to allow this bail application and the same is dismissed. sd/- bechu kurian thomas judge ssa/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 21ST DAY OF JULY 2022 / 30TH ASHADHA, 1944 [AGAINST THE ORDER/JUDGMENTCRMP 1095/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA IN CRIME NO.694/2022 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM] PETITIONER/ACCUSED: PRASANTH AGED 35 YEARS S/O. RAVI, R.S. BHAVAN, THATTARASHERI, KEEZHKOILA, CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN -695 132 BY ADV R.GOPAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031 BY ADV.NOUSHAD K.A-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 5502 of 2022 ============================ Dated this the 21st day of July, 2022

ORDER

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

2. Petitioner is the sole accused in Crime No.694/2022 of

Parassala Police Station, Thiruvananthapuram, alleging offences under Sections 294(b), 323, 324, 354, 354B and 376(2)(n) r/w Section 506 of the Indian Penal Code, 1860 and Section 67 r/w Section 67A of the Information Technology Act, 2000.

3. The prosecution case is that on 23.03.2022, the

accused committed rape on the survivor and took her nude photographs and forwarded them to her husband, her son and to all friends of the petitioner and thereby, committed the offences alleged against him.

4. Shri.Gopan, the learned counsel for the petitioner,

contended that the entire prosecution case is false and that even if it is assumed to be correct, still it will only reveal a consensual relationship. In any event, it was submitted that since the petitioner was arrested on 20.06.2022, the continued detention of the petitioner is not warranted.

5. Shri.Noushad K.A., the learned Public Prosecutor

opposed the grant of bail and pointed out that the petitioner, apart from committing the heinous crime of rape, had forwarded the nude photographs of the victim to her family members including her son as well as to the friends of the petitioner. It was further pointed out that if the petitioner is released on bail, there is every chance of him intimidating or threatening the victim as well as other witnesses.

6. Taking note of the gravity of the offences alleged,

including the nature of crime as well as the alleged conduct in sending photographs of the victim to her husband and son, I am of the view that there is every chance that the petitioner may intimidate/threaten the witnesses including the victim.

7. In such a view of the matter, I find no reason to allow this bail application and the same is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE ssa/

Same Court & Year Kerala Orders · 2022 Same Parties Prasanth vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas