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Muhammed Rafeek vs State Of Kerala

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.140/2014 of Kakkur Police Station, registered for the offences punishable under Sections 341, 323, 324 and 308 IPC.
3. It is alleged that the petitioner, who is the husband of the elder sister of the defacto complainant, used to make frequent sexual overtures towards her by forwarding a demand that he wanted to marry her also. The defacto complainant was not willing. He used to pester her with the said demand. Finally, he has chosen to attack the defacto complainant, in fact, with a view to committing her murder. It seems that on 23.05.2014 at 7 a.m., while she was proceeding to her house, the petitioner came from the opposite direction with a chopper. He pounced upon her and by using the blunt-edge of the chopper, he struck on her back, buttocks and many other portions of her body. When she fell down, he inflicted cuts on her head with the chopper and caused serious injuries. The cut aimed at the neck of the defacto complainant was warded off by her with her left hand, thereby she sustained an injury on her left hand also.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. Even though the petitioner has a case that some amounts were borrowed by the defacto complainant from him and when that amount was demanded, a false case has been foisted against him, the said contentions do not inspire confidence. The contents of the CD prima facie reveal the complicity of the petitioner. The allegations against the petitioner are very grave and serious. In fact, the defacto complainant has escaped marginally. Considering the seriousness of the allegations against the petitioner, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/18/11 // True Copy // P.A. To Judge
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Title

Muhammed Rafeek vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • M G Sreejith Sri Abdul
  • Jaleel Onath