Vimal Prasad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 20, 2021

~2 min read

https://sooperkanoon.com/case/1607293

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1607293
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Apr 20, 2021
Case Number: Bail Appl./1825/2021

Parties & Advocates

Appellant / Petitioner

Vimal Prasad

Respondent

State of Kerala

Excerpt

.....on 20.04.2021, the court on the same day passed the following: bail appl..no.1825 of 2021 2orderthis application is filed under section 438 of the code of criminal procedure.2. the petitioner is the sole accused in crime no.36 of 2021of the koduvally police station, kozhikode district. the offences alleged against the petitioner are punishable under sections 450, 376(2)(n), 376(3)of the ipc and sections 4(2), 3(a) and 6(i) and 5(l) of the pocso act.3. the prosecution case is that the petitioner committed acts of rape and penetrative sexual assault repeatedly on the de-facto complainant who is a minor.4. the case of the petitioner is that he is innocent and he has not committed any acts as alleged.5. the learned public prosecutor opposed the bail plea of the petitioner on the ground that the custodial interrogation of the petitioner is highly required.6. i have gone through the materials placed before the court. the offences alleged are very grave. custodial interrogation of the bail appl..no.1825 of 2021 3 petitioner is highly necessary.7. in view of the above circumstances, the petitioner is not entitled to anticipatory bail.8. therefore, the bail application is disposed with thefollowing directions:- i) the petitioner shall surrender before the investigating officer within two weeks from this day. ii) after interrogation, if the petitioner is to be arrested, the investigating officer shall produce him before the jurisdictional court. iii) the petitioner will be at liberty to apply for regular bail which will be considered by the jurisdictional court on its merits and dispose it of preferably on the same day.sd/- k. babu judge sru

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943 Bail Appl..No.1825 OF 2021 CRIME NO.36/2021 OF Koduvally Police Station, Kozhikode PETITIONER/ACCUSED: VIMAL PRASAD AGED 19 YEARS S/O. ANEESH, VALIYAMBATH PURAYIL, PANNIKOTTUR P.O, KODUVALLY VIA, KOZHIKODE DISTRICT BY ADV. SRI.P.T.SHEEJISH RESPONDENTS/STATE & AUTHORISED PERSONS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682031 2 XX AGED 45 YEARS, XXXXX SRI.E.C. BINEESH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.1825 OF 2021 2

ORDER

This application is filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.36 of 2021

of the Koduvally Police Station, Kozhikode District. The offences alleged against the petitioner are punishable under Sections 450, 376(2)(n), 376(3)of the IPC and Sections 4(2), 3(a) and 6(i) and 5(l) of the POCSO Act.

3. The prosecution case is that the petitioner committed acts of rape and penetrative sexual assault repeatedly on the de-facto complainant who is a minor.

4. The case of the petitioner is that he is innocent and he has not committed any acts as alleged.

5. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the custodial interrogation of the petitioner is highly required.

6. I have gone through the materials placed before the Court. The offences alleged are very grave. Custodial interrogation of the Bail Appl..No.1825 OF 2021 3 petitioner is highly necessary.

7. In view of the above circumstances, the petitioner is not entitled to Anticipatory Bail.

8. Therefore, the bail application is disposed with the

following directions:- i) The petitioner shall surrender before the Investigating Officer within two weeks from this day. ii) After interrogation, if the petitioner is to be arrested, the Investigating Officer shall produce him before the jurisdictional Court. iii) The petitioner will be at liberty to apply for regular bail which will be considered by the jurisdictional Court on its merits and dispose it of preferably on the same day.

Sd/- K. BABU JUDGE Sru

Same Court & Year Kerala Orders · 2021 Same Parties Vimal Prasad vs State of Kerala Same Judge Honourable Mr.Justice K. Babu