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Documents citing A.X.Gilbert vs State Of Kerala on 8 June, 2015

Shakeel Ahamed vs State Of Kerala on 13 February, 2019

7. I have considered the submissions advanced. This Court in X v. State of Kerala [2018(3) KHC 223] had occasion to hold that an anticipatory bail preferred by a juvenile in conflict with law is maintainable. On going through the records, it appears that on 21.1.2019, an incident had taken place in the School. The wound certificate does not reveal that any serious injuries were sustained. No other crimes are reported against the applicants, some of whom are juveniles. In the facts and circumstances, I am of the view that B.As.808, 900, 1018 & 1089/2019 8 the custodial interrogation of the applicants are not necessary for an effective investigation.
Kerala High Court Cites 4 - Cited by 0 - V R Vijayaraghavan - Full Document

X vs State Of Kerala on 4 June, 2020

5. Sri. K. R. Vinod, the learned counsel appearing for the petitioner, relying on the decision of this Court in X v. State of Kerala1, argued that an application for anticipatory bail is perfectly maintainable at the instance of the child in conflict with law before this Court or a Court of Session. According to the learned counsel, Annexure-A3 Birth Certificate issued by the Registrar of Births and Deaths would show that the date of birth of the petitioner is 1 2018 (3) KHC 223 Bail Appl..No.3237 OF 2020 3 29.12.2002 and on the date of the incident, he was a minor. It is argued that the petitioner is a child in conflict with law as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 and he is entitled to every care and protection, which a juvenile is entitled to, under the provisions of the Act. On merits it was argued that the allegations against the petitioner are baseless. It is contended that the petitioner herein and the minor child was in love and on one occasion, he had gone to meet his lover. He was restrained by the people of the locality and was later released. Immediately thereafter, the father of the victim girl called the father of the petitioner and demanded a sum of Rs. 6 lakhs to refrain from filing a complaint of rape. He would rely on Annexure-A1 transcript of Whatsapp messages sent on 9.5.2020 by the victim child to the petitioner inviting him to her residential home on 10.5.2020. According to the learned counsel, if the petitioner had committed rape on 6.5.2020 and 7.5.2020 as alleged, he would not have been invited to her house on 10.5.2020 as is borne out from the chat transcripts. He would further contend that on a previous instance, Crime No.331 of 2015 was registered at the instance of the child against one Mr. Saithu alleging that he had committed rape on the victim. The accused was convicted by the court and the matter is pending before this Court as Crl.A. No.1017 of 2016. Finally, it is submitted that if the petitioner is apprehended on these frivolous accusations while his X Standard exams are going on, it would result in irreparable hardship.
Kerala High Court Cites 13 - Cited by 0 - V R Vijayaraghavan - Full Document

Shahul Hameed @ Shavuppa vs State Of Kerala on 14 January, 2021

7. If the final report is not filed within 90 days from the date of arrest, the petitioner is entitled statutory bail under B.A.Nos.9113 & 9130 of 2020 5 Section 167(2) Cr.P.C. It is disturbing to see that in a cases like this, the Investigating Officer is not completing the investigation within the statutory period. But the law mandate that the petitioner is entitled bail. It is true that as per Section 439(1A) Cr.P.C, while considering a bail application in cases in which the offences under Section 376 AB is alleged, the presence of the informant or any person authorised by him is obligatory at the time of hearing of bail application. But admittedly in this case, the petitioner is entitled statutory bail. This Court considered this point in X v State of Kerala and another (2020(5)KLT 312) in which it is stated that victim has no right to be heard while granting default bail to accused under Section 167(2) Cr.P.C. Therefore, the petitioner is entitled bail in the facts and circumstances of the case.
Kerala High Court Cites 14 - Cited by 0 - P V Kunhikrishnan - Full Document

Mr.A vs The Sub Inspector Of Police on 30 October, 2018

4. The learned counsel appearing for the applicant would contend that the applicant is innocent. According to the learned counsel, the 1st accused is a neighbour and the mobile phone of the applicant herein was taken by him purportedly for installing some applications. The phone was returned after a couple of days. The applicant herein had no occasion to circulate the videos in the social media and even if any offensive act was done, it was by the 1 st accused. The learned counsel would further contend that the applicant has been suffering from seizure disorder since the age of 10 and he is undergoing treatment. He has placed reliance on Annexures-2 and 2A to substantiate his contention. The learned counsel submits that if the applicant is arrested and detained, it would cause irreparable injury to his psyche and prays for issuance of appropriate orders. The learned counsel has referred to the decision of this Court in X v. State of Kerala [2018(3) KHC 223] and it was contended that an application for pre-arrest bail by a child in conflict with law is perfectly maintainable.
Kerala High Court Cites 8 - Cited by 0 - V R Vijayaraghavan - Full Document

Mr.A vs State Of Kerala on 4 December, 2019

4. The learned counsel appearing for the applicant contended that the applicant is innocent. The learned counsel submits that if the applicant is arrested and detained, it would cause irreparable injury to his psyche and prays for issuance of appropriate orders. The learned counsel has referred to the decision of this Court in X v. State of Kerala [2018 (3) KHC 223] and it was contended that an application for pre-arrest bail by a child in conflict with law is perfectly maintainable.
Kerala High Court Cites 5 - Cited by 0 - V R Vijayaraghavan - Full Document
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