Rajesh @ Pampu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Bail Appl.No. 490 of 2015 ---------------------------------- CRIME NO. 1810/2014 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM .......

PETITIONER(S)/ACCUSED:

-------------------------------------- RAJESH @ PAMPU, AGED 27 YEARS, S/O.KRISHNANKUTTY, CHEPPALLIYIL VEEDU, NEAR VELAMKONAM TEMPLE, THEKKINKADU, NAGAROOR VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.SAJU.S.A RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

B.KEMAL PASHA, J.

................................................................ B.A. No.490 of 2015 ............................................................... Dated this the 3rd day of February, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.1810/2014 of the Attingal Police Station, Thiruvananthapuram registered for the offence punishable under Section 376 of the Indian Penal Code.

3.

The defacto complainant woman was taken by the petitioner in his autorickshaw as a passenger on 30.11.2014 at 6.30 p.m., and she was taken to her house. While she got out of the autorickshaw the petitioner pounced upon her and dragged her into the house where she was subjected to rape. Even prior to that she was forcibly pushed down on the courtyard of the house and thereby she sustained injuries. Petitioner has been in

B.A.No. 490 of 2015 -: 2 :- custody for the period from 03.12.2014 onwards. 4.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.

5.

The contents of the CD, prima facie, reveal the complicity of the petitioner. The wound certificate of the defacto complainant, which finds a place among the records in the CD, reveals a series of serious injuries on the body of the defacto complainant. The allegations against the petitioner are very grave and serious. It seems that inhuman atrocities were meted out to the defacto complainant. Considering the seriousness of the allegations against the petitioner, I am of the view that the petitioner is not entitled to be enlarged on bail.

In the result, this Bail Application is dismissed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge