IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5332 of 2009()
1. JOHN, S/O. STEPHEN, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5332 OF 2009
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Dated this the 20th day of October, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in
Crime No.267 of 2009 of Aryancode Police Station.
2. The offences alleged against the petitioner are under
Sections 450 and 376 of the Indian Penal Code and Section 3(2)(v)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
3. When the Bail Application came up for hearing on
23.9.2009, liberty was afforded to the petitioner to appear before the
investigating officer. Accordingly, he appeared before the
investigating officer.
4. The investigating officer has filed a statement dated
15.10.2009 stating that the de facto complainant has filed a petition
before the investigating officer stating that she is being threatened by
B.A. NO. 5332 OF 2009
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some persons in connection with the registration of the crime. It is
also stated that on earlier occasions, there was a threat to kill the de
facto complainant.
5. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the allegations
levelled against the petitioner, I do not think that the petitioner is
entitled to the discretionary relief under Section 438 of the Code of
Criminal Procedure. If anticipatory bail is granted to the petitioner, it
would adversely affect the proper investigation of the case.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/