Rohit John vs State Of Kerala on 26 November, 2009

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Kerala High Court
Rohit John vs State Of Kerala on 26 November, 2009




Bail Appl..No. 6962 of 2009()

                      ...  Petitioner


                       ...       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

:: 2 ::

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

:: 3 ::

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.



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