Rahul Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 Bail Appl..No. 3126 of 2015 () ------------------------------- CRIME NO. 1229/2015 OF KALADY POLICE STATION, ERNAKULAM DISTRICT -------------------- PETITIONER/ACCUSED :

------------------------------------- RAHUL KUMAR S/O. KUMARAN, AGED 24 YEARS NIKARTHIL HOUSE, PATTATHARA CHENGAL P.O., KALADY-683 574.

BY ADVS.SRI.SHYAMDEEP S.SHENOY SMT.C.S.GEETHU SRI.S.NIKHIL SANKAR SRI.T.P.MOHAN RAJ SRI.NIKHIL BERNY RESPONDENTS/COMPLAIANANT/STATE :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031.

2. STATION HOUSE OFFICER KALADY POLICE STATION, ERNAKULAM DISTRICT-683 574.

R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.3126 of 2015 -------------------------------------------- Dated this the 8th day of June 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.1229 of 2015 of Kalady Police station. He is alleged to have committed the offence under Secs.452, 323 and 354 of Indian Penal Code. The prosecution case is that he trespassed in to the house of the first informant, assaulted her and outraged her modesty.

3. Heard both sides.

4. The petitioner's case is that he has been in love with the first informant's daughter for three years and the petitioner did not like it that is why this false case has been got registered against him.

5. Learned Public Prosecutor submits that he is involved in a similar case, the number being Crime No.41 of 2015.

6. This is not a fit case to invoke the jurisdiction of this Court under Sec.438 Cr.P.C. .

In the result, this application is dismissed. K. ABRAHAM MATHEW JUDGE NS