Thulaseedharan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 7924 of 2015 () ------------------------------- CRIME NO.1699/2015 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S)/ACCUSED NO.1:

---------------------------------------------- THULASEEDARAN, AGED 55 YEARS, S/O. RAMANKUTTI PANICKER, PRADEEP BHAVAN, NEDUVAN VAYAL, KUTTICHAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.S.SHAMMY RAJ RESPONDENT(S):

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

2. THE SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR R.GITHESH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bb

RAJA VIJAYARAGHAVAN V, J.

-------------------------------------------------------- B.A.No.7924 of 2015 -------------------------------------------------------- Dated this the 21st day of December, 2015

O R D E R

This petition is filed under S.438 of the Code of Criminal Procedure seeking pre-arrest bail.

2.

The petitioner is the sole accused in Crime No.1699/2015 of Aryanad Police Station.

The allegation is that the petitioner had sexually assaulted and committed rape on his daughter-in-law on 24.09.2015 and on subsequent days.

3.

I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor. 4.

The case diary is made available to me for perusal as well.

B.A.No.7924 of 2015 : 2 :

5.

I have gone through the case diary and I am of view that the allegations levelled against the petitioner are extremely serious. I am of the view that the relief of prearrest bail cannot be granted to the petitioner. This application is accordingly dismissed. Needless to say, the option of the petitioner to surrender before the Investigating Officer or the learned Magistrate and seek regular bail shall remain unfettered. If the petitioner so appears and applies for bail, needless to say, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously, preferably on the date of surrender itself.

Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.

Bb [True copy] P.A to Judge