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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Siddique – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
1. Leave granted.
2. The present appeal is directed against the judgment and order dated 24.09.2024, passed by the High Court of Kerala at Ernakulam in Bail Application No.7331 of 2024, rejecting the said application filed by the appellant – accused seeking anticipatory bail under Section 438 of the Cr.P.C. in connection with the F.I.R. being Crime No.1192 of 2024 dated 27.08.2024 registered at Police Station Museum, District Thiruvananthapuram City, for the offence under Sections 376 and 506 IPC.
4. Having regard to the submissions made by the learned senior counsels for the parties and perusing the documents on record including the pleadings, we deem it appropriate not to assign elaborate reasons, particularly considering the sensitivity of the case. However, considering the fact that the complainant had lodged the complaint almost eight years after the alleged incident, which had taken place in 2016 and the fact that she had also posted the post on facebook somewhere in 2018, making allegations against about 14 people, including the appellant with regard to the alleged sexual abuse, as also the fact that she had not gone to the Justice Hema Committee constituted by the Hig
Anticipatory bail can be granted in a rape case if circumstance of the case so permit.
Point of law : Anticipatory Bail - Where the discretion of the Court to grant bail has been exercised on relevant considerations and bail is granted, this Court would normally not interfere with such....
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
Anticipatory bail may be granted if there are substantial doubts on the prosecution's claims and absence of flight risk, requiring adherence to specific conditions.
The court denied anticipatory bail due to the gravity of sexual offences and prima facie evidence against the petitioner, highlighting risks of witness tampering.
The court considered the delay in lodging the FIR, the nature of the relationship between the applicant and the prosecutrix, and the absence of criminal antecedents of the applicant in granting bail ....
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