Prineesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4721 of 2015 --------------------------------------- CRIME NO. 556/2015 OF WADAKKANCHERRY POLICE STATION, THRISSUR DISTRICT --------------------- PETITIONER(S)/ACCUSED :
----------------------------------------- PRINEESH, AGED 28 YEARS, SON OF FRANCIS, MURINGATHERI HOUSE, MANKARA DESOM, WADAKKANCHERRY, TALAPILLY TALUK, THRISSUR.
BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN (MUTHUKULAM) SRI.RILGIN V.GEORGE SMT.V.SHARMILA RESPONDENT(S):
---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
-------------------------- B.A. No.4721 of 2015 -------------------------------------------- Dated this the 11th day of August 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.556 of 2015 of Wadakkancherry Police station registered for the offences under Secs.341, 354, 376, 452, 457 and 506(i) read with Sec.34 of the Indian Penal Code. The prosecution case is that he trespassed into her neighbour's house during day time and committed rape on her and threatened to do away with her husband.
3. Heard both sides.
4. Learned counsel submits that there was illicit relationship between the petitioner and the victim and the allegation of rape is false.
5. The prosecution documents prima facie indicate sexual intercourse with force and without consent. Annexure-I produced by the petitioner shows that he was a nuisance in the locality in which he resides and he agreed to shift his residence.
B.A. No.4721 of 2015 2 This is not a fit case to grant anticipatory bail to the petitioner. In the result, the bail application is dismissed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge