Sanju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Bail Appl..No. 3617 of 2015 -------------------------------------- CRIME NO. 727/2015 OF CHATHANNOOR POLICE STATION , KOLLAM ----------------------- PETITIONER(S)/ACCUSED 1 & 2:

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1. SANJU, AGED 22 YEARS, S/O. VIJAYAN, MOOLATHEGIL LEKSHAM VEEDU, KUMMALLLOOR CHERRY, ADICHANALLOOR VILLAGE FROM CHARUVILA PUTHEN VEEDU, THAZHAM CHERRY, MEENAD VILLAGE - NEAR KOTTIYAM, KOLLAM.

2. RAHUL, AGED 22 YEARS, S/O. RAJENDRAN, PUTHENVILA VEEDU, VARINJAM, CHERRY, MEENAD VILLAGE, NEAR KOTTIYAM, KOLLAM.

BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT(S):

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

BY PUBLIC PROSECUTOR SMT.REMA. R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3617 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused of having committed the offences under Sections 366 and 376 IPC and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case is that they had sexual intercourse with a 14 year old girl.

3.

Heard.

4.

Learned counsel submits that the petitioners are aged about 22 years. The first petitioner has been in custody since 30.04.2015 and the other petitioner since 01.05.2015. The facts of the case indicate that it was not a love affair. If the prosecution case is true, they have ruined a 14 year old girl. Granting bail to them at this stage will enable them to intimidate or influence the witnesses. There is also a likelihood of their absconding. So, I am not inclined to grant their prayer.

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