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High Court of KeralaBail Appl./1039/2015dismissed

Suneer v. State Of Kerala

2015-02-272 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Bail Appl..No.1039 of 2015 ------------------------------------ (CRIME NO.80/2015 OF VITHURA POLICE STATION,THIRUVANANDAPURAM). ..

PETITIONER/ACCUSED:

------------------------------------ SUNEER,S/O.SUBAIRKUNJU,AGED 27 YEARS, THOTTARIKATHU VEEDU,PONGUMOODU, PULIMODU,CHITTUVEETTUMURI,THOLLICODE VILLAGE, NEDUMANGAD.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE/COMPLAINANT:

--------------------------------------------------------- 1.

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

2.

SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

3.

CIRCLE INSPECTOR OF POLICE, PALODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW,J.

----------------------------------------------- Bail application No.1039 of 2015 ----------------------------------------------- Dated this the 27th day of February, 2015

O R D E R

Petitioner is the sole accused in Crime No.80 of 2015 of the Vithura Polce Station, Thiruvananthapuram registered for the offence under Section 376(1)(2) (n) of IPC. He is alleged to have committed rape on a woman aged 29 years who is married and has a child aged 9 years.

2. Heard. Learned counsel submits that the petitioner has been in custody since 04.02.2015 and investigation is practically over and he may be released on bail.

3. Learned Public Prosecutor submits that the victim is carrying a child and it is not proper to release the petitioner on bail at this stage.

4. It appears that if the petitioner is released on bail at this stage, there is every likelihood of his influencing the witnesses and attempting to destroy the evidence. So I am not inclined to grant him on bail at this stage.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE smv //true copy// P.A. To Judge