Faisal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Bail Appl..No. 5245 of 2015 () ------------------------------- CRIME NO. 279/2015 OF VELLAMUNDA POLICE STATION, WAYANAD DISTRICT ---------------- PETITIONER/ACCUSED :

------------------------------------ FAISAL AGED 30 YEARS, S/O. ABDULLA, ODANKADUMMEL HOUSE, KAVILUMPARA P.O.

VADAKARA TALUK, KOZHIKODE DISTRICT.

BY ADV. SRI.ANEESH JOSEPH RESPONDENT/COMPLAINANT & STATE :

----------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, KOCHI-682 031.

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5245 of 2015 -------------------------------------- Dated this the 11th day of September, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the accused in Crime No. 279 of 2015 of Vellamunda Police Station registered for an offence punishable under Section 376 of the Indian Penal Code.

3.

Allegation against the petitioner is that on 10.05.2015 at about 10.00 p.m., the petitioner committed rape on the defacto complainant. 4.

Heard both sides.

5.

Learned counsel contended that the petitioner had made a promise to the defacto complainant to marry her. Since he resiled from the promise, a false case is registered against him. Learned Public Prosecutor opposed the bail application. It is contended that thee are specific allegations against the petitioner.

Considering the nature of allegations against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Application is dismissed.

A. HARIPRASAD, JUDGE.

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