IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 6962 of 2009() 1. ROHIT JOHN, AGED 35, ... Petitioner Vs 1. STATE OF KERALA, ... Respondent For Petitioner :SRI.V.PREMCHAND For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice K.T.SANKARAN Dated :26/11/2009 O R D E R K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6962 OF 2009 ------------------------------------------------------ Dated this the 26th day of November, 2009 O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.1899
of 2009 of Ernakulam Town North Police Station.
2. The offences alleged against the petitioner are under
Sections 366, 376, 417, 420 and 468 of the Indian Penal Code.
3. The de facto complainant is a girl studying in Government
Law College, Ernakulam. Her case is that the petitioner made her
believe that she was involved in several criminal cases. It is alleged
that she was taken to various places under the pretext of saving her
from the alleged pending crimes. In that process, it is stated, the
accused made her believe that a marriage certificate is necessary.
Accordingly, a certificate was created as if the petitioner married her.
The petitioner is a Christian. The girl belongs to Muslim community.
B.A. NO. 6962 OF 2009
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It is also alleged that the petitioner made the girl believe that the
petitioner was the Assistant Public Prosecutor and that he could save
her from all criminal proceedings.
4. The learned Public Prosecutor submitted that the petitioner
is involved in Crime No.281 of 2008 of Karamana Police Station and
Crime No.305 of 2008 of Melattur Police Station. It is also submitted
that there are several complaints against the petitioner of having
cheated several persons either by offering job or by offering seat for
MBBS Course. The petitioner was arrested on 30.10.2009 and he
was remanded to judicial custody.
5. The investigation is not over. Several materials are to be
collected. If the petitioner is released on bail at this stage, it would
adversely affect the proper investigation of the case. The
submission made by the learned Public Prosecutor that the petitioner
is likely to tamper with the evidence or intimidate the witnesses also
cannot be brushed aside.
B.A. NO. 6962 OF 2009
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In the facts and circumstances of the case, I am not inclined to
grant bail to the petitioner at this stage. The Bail Application is
accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/