BECHU KURIAN THOMAS
Vijay Babu, S/O V. Subash Chandra Babu – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Apprehending arrest in a non-bailable offence, a cine artist cum producer has approached this Court seeking pre-arrest bail under section 438 of the Code of Criminal Procedure, 1973, (for short the Cr.P.C). Petitioner alleges that the ingredients of the offences are not made out and hence his liberty ought not to be curtailed, unless and until he is found guilty in accordance with the procedure established by law.
2. On 22.04.2022, on the basis of information received from an actress alleging several instances of rape committed on her by the petitioner, Crime No.515 of 2022 of Ernakulam Town South Police Station was registered. A statement was also given by the victim under Section 164 Cr.P.C on 23.04.2022. The petitioner is alleged to have committed rape on the victim with the promise of marriage, twice during her menstrual periods and on other occasions, after causing physical injuries and without her consent. The prosecution further alleges that, on coming to know about the registration of the crime, petitioner went abroad in an attempt to flee from the hands of law and sitting in the comfort of another country, instituted this bail application under section 438 of Cr.P.C.
Chidambaram P. v. Director of Enforcement [(2019) 9 SCC 24]
Gudikanti Narasimhulu v. Public Prosecutor [(1978) 1 SCC 240]
Souda Beevi and Another v. S.I. of Police and Others (2011 (3) KHC 795)
Sushila Aggarwal and Others v. State (NCT of Delhi) and Another [(2020) 5 SCC 1]
Shri Gurbaksh Singh Sibbia and Others v. State of Punjab [(1980) 2 SCC 565]
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