Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 86/2014 of Thrissur East Police Station. On the basis of the information given by a woman that one doctor working in Aswini Hospital, Thrissur attempted to commit rape on her the Police registered this case. The investigation revealed that the information was false and it was done at the instance of the petitioners in this case. Thereupon, they were made accused in this case for the offences under Sections 109 and 195 I.P.C. and Section 117(b) of Kerala Police Act. The investigating officer made a request to the learned Magistrate concerned to issue arrest warrant against the petitioners. Now they have come up before this court with the request to grant them anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
B.A. No.3175 /2014 2
3. The CD is made available for my perusal. The materials collected by the police, prima facie, prove that the de facto- complainant made false allegations against a doctor that he outraged the modesty of the de facto-complainant and attempted to commit rape on her. The petitioners caused her to raise the false allegations with utterior motive. The offences committed by the petitioners are also very serious offences. Since there is a prima facie case against them, it is not at all proper to invoke of jurisdiction of this court under Section 438 Cr.P.C.
In the result, this Bail Application is dismissed.
SD/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE