High Court Kerala High Court

Vinod vs The State Of Kerala Rep.By The Sub on 21 April, 2009

Kerala High Court
Vinod vs The State Of Kerala Rep.By The Sub on 21 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2062 of 2009()


1. VINOD, S/O.UNNI,KADAYILAZHIKATTHU VEEDU,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REP.BY THE SUB
                       ...       Respondent

                For Petitioner  :SRI.C.R.SIVAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :21/04/2009

 O R D E R
                        V.K.MOHANAN, J.
            ----------------------------------------------
                       B A.No.2062 of 2009
            ----------------------------------------------
                     Dated 21st April,    2009.

                               ORDER

The petitioner, who is the accused in Crime

No.198/2009 of Pathanapuram Police Station for the offence

punishable under Section 511 and 376 of IPC, seeks

anticipatory bail.

2. The allegation against the petitioner is that the

petitioner tried to commit rape upon a 7 year old girl child,

named, ‘Shiny’. It is submitted by the learned counsel for

the petitioner that he is falsely implicated in the above crime

due to the animosity of the de facto complainant towards the

petitioner.

3. The learned Public Prosecutor stoutly opposed the

prayer. According to the learned Public Prosecutor, the

petitioner involved in a heinous crime of rape on a minor girl

aged only 7 years old.

4. I have heard the learned counsel for the petitioner as

well as the learned Public Prosecutor.

BA 2062/09
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5. The above crime was registered only on 19.3.2009 and

investigation is only at the infant stage. Considering the

seriousness of the allegation, custodial interrogation of the

petitioner is absolutely necessary. I find no reason to grant the

relief as sought for in exercise of the extraordinary power of this

Court under section 438 of Cr.P.C.

In the result, there is no merit in the petitioner and

accordingly, the same dis dismissed.

V.K.MOHANAN, JUDGE

kvm/-

BA 2062/09
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