IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3309 of 2008()
1. SANAL KUMAR,AGED 21 YEARS,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.C.K.JAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3309 of 2008
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Dated this the 1st day of September, 2008
O R D E R
Against the petitioner allegations are raised under Sections
366A and 376 I.P.C. The allegation is that he kidnapped and
committed rape on a girl, alleged to be his fiancee aged about 16
years. The counsel for the petitioner submits that there is
unassailable material to show that the alleged victim has crossed
the age of 16 years. The petitioner raised a contention that he has
not committed any offence and at any rate the offence under
Sections 366 A and 376 I.P.C. would not lie against him. That
contention was raised before another Bench of this Court when
the petitioner claimed anticipatory bail, which has now been
rejected. He apprehends imminent arrest.
2. The petitioner has now come to this court with a prayer
that powers under Section 482 Cr.P.C. may be invoked.
Anticipatory bail application having been dismissed, it is for the
petitioner to appear before the Investigating Officer or the
Crl.M.C.No. 3309 of 2008
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learned Magistrate and then seek regular bail in the ordinary course.
The learned counsel for the petitioner submits that the petitioner is
willing to do the same, but he apprehends that his application may not
be considered on merits, in accordance with law and expeditiously.
Hence it is prayed that appropriate direction may be issued under
Section 482 Cr.P.C. to ensure consideration of the application for
regular bail on merits, in accordance with law and expeditiously.
3. Sufficient general directions have already been issued by this
Court for expeditious consideration of bail application by persons who
have surrendered before the court in the decision in Alice George v.
Dy.S.P. of Police (2003 (1) KLT 339). I am not persuaded to agree
that any further or more specific direction deserves to be issued. The
petitioner shall be at liberty to make all his submissions before the
learned Magistrate when his application for bail comes up for hearing.
I need only mention that the bail application must be disposed of
expeditiously in the light of the directions issued in Alice George
(supra).
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4. This Crl.M.C. is dismissed with the above observations.
5. Hand over the order.
(R. BASANT)
Judge
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