Anthony @ Raj Kumar 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. 5138 of 2015 ------------------------------- CRIME NO. 197/2015 OF MARAYUR POLICE STATION, IDUKKI. ...........

PETITIONER:

------------------- RAJ KUMAR @ ANTONY, AGED 32 YEARS, S/O.ASHATHAMBI, RESIDING AT PATTIKKADU KARA, MARAYUR VILLAGE, DEVIKULAM TALUK, IDUKKI.

BY ADVS.SRI.M.M.NIAS SRI.AJOY VENU RESPONDENT:

---------------------- THE SUB INSPECTOR OF POLICE, MARAYUR, IDUKKI DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, STATE OF KERALA.

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

==================== B.A.No. 5138 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the sole accused in Crime No. 197 of 2015 of Marayur Police Station, registered on the basis of a private complaint forwarded for investigation under Section 156(3) Cr.P.C. The complaint revealed the offences punishable under Sections 452, 354A and 376 of the Indian Penal Code. 3.

Heard both sides.

4.

The case of prosecution is that on 21.02.2015, at about 14 hours, while the de facto complainant was taking bath, the accused entered into the bathroom and tore off her clothes and committed rape on her. The plea of total innocence raised by the petitioner is not Prima facie acceptable from the materials in the case diary. Therefore, I am of the view that the petitioner is not entitled to get any order under Section 438 Cr.P.C. The petitioner shall surrender before the court having

B.A.No. 5138 of 2015 -: 2 :- jurisdiction and move for bail. In that event, the matter shall be considered on merits by the court having jurisdiction. Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge