Athul Divakaran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Bail Appl..No. 5881 of 2015 () ------------------------------- CRIME NO. 234/2015 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT ------------ PETITIONER/ACCUSED NO.1 :
----------------------------------------- ATHUL DIVAKARAN, AGED 23 YEARS, S/O. DIVAKARAN, PARAKKATTU HOUSE, THEVACKAL VKC, THRIKKAKARA NORTH P.O., ERNAKULAM DISTRICT.
BY ADVS.SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.K.NANDAKUMAR SMT.MARY RESHMA GEORGE SMT.V.A.HARITHA SMT.P.M.MAZNA MANSOOR RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.HARIPRASAD, J.
------------------------------------------------ B.A.No.5881 of 2015 ------------------------------------------------- Dated this the 29th day of September, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the first accused in Crime No.234 of 2015 of Kalamassery Police Station registered for the offences punishable under Sections 120B, 323, 343, 367, 394, 506(ii), 376(D), 212 and 411 r/w Section 34 of the Indian Penal Code.
3.
Prosecution case is that on 14.02.2015 at about 08.00 a.m., accused 1 to 4 informed the victim and another lady that they wanted their service for cleaning and they were taken in an Autorickshaw. Thereafter, the Autorickshaw was taken to an unfrequented place and from there accused 1 to 4 committed gang rape on the victim.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Leaned counsel for the petitioner submitted that
B.A.No.5881 of 2015 the accused remains in custody from 16.02.2015 onwards. It is also submitted that charge has been filed in this matter and the matter is pending in S.C.No.439 of 2015 before the Special Court for trial of cases relating to Atrocities & Sexual Violence against women and children, Ernakulam.
6.
Leaned Public Prosecutor strongly opposed the bail application. The report submitted by the investigating officer is produced for perusal.
7.
After hearing the learned counsel on both sides and after perusal of the records, I am of the view that the petitioner is not entitled to get bail in this case. Bail application is dismissed.
Sd/- A.HARIPRASAD, JUDGE.
AS /True Copy/ P.A. to Judge