IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3098 of 2010()
1. RAJEEV, AGED 31 YEARS, S/O.KESAVAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MATHEW JAMES
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :31/05/2010
O R D E R
K. HEMA, J.
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B.A. No. 3098 of 2010
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Dated this 31st day of May, 2010.
ORDER
Petition for bail.
2. The alleged offence is under Section 376 of IPC. According
to the prosecution, petitioner committed rape on his sister since
the age of 13 years onwards. She also was impregnated and it
was aborted by the brother, posing himself to be the husband for
the hospital records. Thereafter, proposal came for the girl after a
few years while petitioner showed medical records to them and the
marriage proposal fistled out. Hence, de facto complainant was
forced to file a complaint.
Learned counsel for petitioner submitted that petitioner’s
mother attempted to sell ancestral property and the petitioner
resisted the same and therefore a false complaint is filed by his
sister.
This petition is opposed. Learned Public Prosecutor
submitted that in the light of the materials in the case diary this is
not a fit case to grant bail to petitioner.
2
On hearing both sides and considering the serious nature of
the allegations and the materials from the case diary, I am least
inclined to grant bail to petitioner, even though investigation is
over and charge sheet is laid, it is submitted. Petitioner may move
appropriate court for early disposal of the case.
This petition is dismissed.
K. HEMA, JUDGE.
Krs.