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.......... – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. The accused in Crime No. 1192 of 2024 of the Museum Police Station, Thiruvananthapuram, which is registered against him for allegedly committing the offences punishable under Sections 376 and 506 of the Indian Penal Code, has filed the application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an order of pre-arrest bail.
2. The survivor of the above crime has submitted Annexure 2 complaint to the State Police Chief, inter alia, alleging that the accused got in touch with her through Facebook in 2014. He frequently interacted with her and her mother over the phone and via Skype. The accused encouraged the survivor to work in the cinema and assured her of all help from his side. In 2016, the accused invited the survivor and her parents to attend the preview of his movie ‘Sukhamayirikatte’ which they attended. It was for the first time the survivor met the accused. After the movie, the accused invited the survivor to the Mascot Hotel for lunch and to discuss on a new film in which his son was proposed to play the lead role. Accordingly, the survivor went to the accused's hotel room. The accused made the survivor sit on a chair near his bed, and he exp
Delay in filing FIR in sexual assault cases is not fatal; courts must consider psychological barriers faced by victims.
While considering application for grant of anticipatory bail court has to consider nature of offence, role of person, likelihood of his influencing course of investigation, or tampering with evidence....
The court denied anticipatory bail due to the gravity of sexual offences and prima facie evidence against the petitioner, highlighting risks of witness tampering.
Anticipatory bail eligibility requires balancing personal liberty against grave allegations of sexual harassment, emphasizing the need for thorough investigations without interference.
The seriousness of the offences, nature of evidence, and principles of bail as established by the Apex Court are crucial factors in determining entitlement to bail.
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