Ratheesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 Bail Appl..No. 5048 of 2015 () ------------------------------- CRIME NO. 921/2015 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM ----------------- PETITIONER/ACCUSED :

------------------------------------- RATHEESH S/O.RAGHUNATHAN, AGED 24 YEARS THADATHARIKATHU VEEDU, KINDAPPARA KATTUMPURAM, MANJAPPARA, PULIMATH VILLAGE THIRUVANANTHAPURAM.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT/STATE :

---------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE KILIMANOOR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM BY PUBLIC PROSECUTOR SRI. SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5048 of 2015 ------------------------------------------------ Dated this the 2nd day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in crime No.921/2015 of Kilimanoor Police Station registered for offences punishable under Sections 376 I.P.C and Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012.

3.

Prosecution case is that the petitioner committed rape on a minor girl aged 15 years belonging to a community falling under the Schedule Caste.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Learned counsel for the petitioner submitted that the petitioner was arrested on 09-07-2015 and no further detention is required.

B.A No.5048 of 2015 2 6.

Learned Public Prosecutor opposed the bail application contending that the investigation has not been advanced to a considerable extent. Considering the nature of allegations, I find that the petitioner is not entitled to get bail at present. Hence, the bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge