Martin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Bail Appl..No. 4240 of 2015 () ------------------------------- CRIME NO. 269/2015 OF RAJAKKAD POLICE STATION, IDUKKI DISTRICT ------------------- PETITIONER/ACCUSED :

------------------------------------ MARTIN S/O. DEVASIA, AGED 43 YEARS ILLICKAL HOUSE, KALUNKU CITY, PONMUDY RAJAKKAD, IDUKKI DIST.

BY ADV. SRI.S.JIJI RESPONDENT/STATE :

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

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4240 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.269 of 2015 of Rajakkad Police station registered for the offence under Sec.376 of the Indian Penal Code. The prosecution case is that he committed rape on a differently abled lady aged 24 years.

3. Heard both sides.

4. The petitioner is aged 43 years. The prosecution alleges that he had sexual intercourse with a differently abled lady aged 24 years without her consent and against her will. It is true that he has been in custody since 18.05.2015.

5. Having regard to the seriousness of the allegations, I do not think it proper to release him on bail at this stage as there is every likelihood of his intimidating or influencing the witnesses.

In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE NS