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Anshad vs State Of Kerala

High Court Of Kerala|04 August, 2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 Bail Appl..No. 4159 of 2015 -------------------------------
CRIME NO. 318/2015 OF KOTTIYAM POLICE STATION, KOLLAM.
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PETITIONER/ACCUSED:
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ANSHAD, AGED 25 YEARS, S/O.THAHA, CHIRAYIL VEEDU, CHEEREEKONAM, KANNANALLOOR P.O., THRIKKOVILVATTOM VILLAGE, KOLLAM (DIST).
BY ADVS.SRI.BLAZE K.JOSE SRI.M.RAJESH SRI.G.GOPAKUMAR (KOLLAM) RESPONDENT(S)/COMPLAINANTS:
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2. THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR, PIN - 673 009.
BY ADDL. DGP SRI.TOM JOSE PADINJAREKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/ K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - -
B.A. No.4159 of 2015 - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 4th day of August, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.318 of 2015 of Kottiyam Police Station, Kollam District. He is the accused of having committed the offence under Section 376 of the Indian Penal Code and Sections 3(1) (xi) and 392) (v) of SC/ST Prevention of Atrocities Act.
3. The prosecution case is that he made a false promise to the victim, who belongs to a scheduled caste that he would marry her and took her to a temple and garlanded her and made her believe that the marriage was solemnized between them. Thereafter, he had sexual intercourse with her. Later, he failed to contact her either directly or directly. He made himself scarce.
4. Heard.
5. The learned counsel submits that the allegations are false. But the statement of the victim girl shows that she was in love with the petitioner for many years. He B.A. No.4159 of 2015 2 went abroad. Just before the occurrence he came back and took her to a temple where he garlanded her and made her believe that the marriage between them was solemnised. He belongs to Muslim community and she is a member of a Hindu scheduled caste. No marriage could have been solemnised between them. The fact that the sexual intercourse took place at a building, which was only under construction also speaks volumes. The intention of the petitioner was to cheat her is evident. This is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
sd/-
K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge
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Judges
  • K Abraham Mathew
Advocates
  • Sri Blaze K Jose
  • Sri
  • M Rajesh Sri
  • G Gopakumar
  • Kollam