Manu Joseph vs The State Of Kerala Through on 9 October, 2018

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Kerala High Court

Manu Joseph vs The State Of Kerala Through on 9 October, 2018

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   TUESDAY, THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

                    Bail Appl..No. 5907 of 2018

    CRIME NO. 27/2017 OF RAJAPURAM POLICE STATION, KASARGOD


PETITIONER/ACCUSED:

              MANU JOSEPH, AGED 24 YEARS,
              S/O JOSEPH, THEKKEKUNNAL HOUSE,
              KODOTH P. O., KODOTH VILLAGE,
              VELLARIKUNDU TALUK, KASARAGOD.

              BY ADVS.SRI.T.MADHU
                      SMT.C.R.SARADAMANI

RESPONDENT/STATE:

              THE STATE OF KERALA THROUGH
              THE STATION HOUSE OFFICER,
              RAJAPURAM POLICE STATION,
              KASARAGOD DISTRICT,
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM.

              BY SRI.C. N. PRABHAKARAN, SENIOR PUBLIC PROSECUTOR


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


                               ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicant herein is the accused in Crime No.27 of 2017 registered at the Rajapuram Police Station, under Section 376 of the Indian Penal Code.

BA:5907/18 2

3. The victim is a deaf and dumb lady and she is also a victim of Endosulfan poisoning. She is unmarried. The applicant herein is her younger brother. The victim showed some sickness and ailments and she was taken to the hospital by her mother. On examination, she was found to be pregnant. As her physical condition made it highly risky for her to conceive, the pregnancy was aborted. It was evident that the lady was raped and to identify the accused, sample of her fetus was sent for DNA analysis along with the samples of the applicant and his father. The result showed that the applicant herein was the biological father. He is thus roped in as the accused.

4. The learned counsel appearing for the applicant submitted that the applicant was arrested on 14.08.2018 and has undergone substantial period of incarceration. It is prayed that he be released on bail.

5. The learned Public Prosecutor has strenuously opposed the prayer. It is submitted that lady is totally disabled and sick. The incident reeks of extreme depravity. The report of DNA analysis clinches the issue and the applicant cannot now contend that he BA:5907/18 3 was framed. It is submitted that the investigation is still in the early stages and in view of the serious nature of allegations, his release on bail at this stage is unwarranted.

6. I have considered the submissions advanced and have gone through the materials on record.

7. I find considerable merit in the submissions advanced by the learned Public Prosecutor. Having regard to the severity of the accusations against the applicant, the materials in support thereof and the stage of investigation, I find no reason to enlarge the applicant on bail at this stage.

This application will stand dismissed.

Sd/-


                                          RAJA VIJAYARAGHAVAN V
                                                              JUDGE
DSV/9/10/18

                                              //True Copy//           P.A.To Judge

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