High CourtsSingle Bench(2024) 12 KL CK 0096

Jishab P vs State Of Kerala

High Court Of Kerala · Decided on 24 December 2024

HON’BLE JUDGES
M.B.Snehalatha, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 10803 Of 2024

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Judgment

8 paragraphs · 344 words

M.B.Snehalatha, J

1.

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023.

2.

The petitioner is the 2nd accused in Crime No.1599/2024 of Central Police Station, Ernakulam. The above case is registered against him for the offence punishable under Sections 137(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

3.

The prosecution case is that on 25.10.2024, at around 20.30 hours, accused persons kidnapped the minor daughter of the informant and her friend from the bus stop, High Court Junction, Ernakulam, and enticed them to enter into their car, and the accused persons dropped the minor daughter’s friend at Kacherippady and then took the minor daughter of the informant to a field located at Pachalam and forced her to drink some intoxicating liquor. Accused thereby committed the afore mentioned offences.

4.

The learned Counsel for the petitioner / 2nd accused submitted that the petitioner / 2nd accused is innocent and he was falsely implicated. It was further submitted that the petitioner / 2nd accused is in custody from 12.12.2024 and his further detention is not necessary.

5.

The learned Public Prosecutor vehemently opposed the bail application and submitted that investigation is in its initial stage and if the accused is released on bail, it would tamper the investigation.

6.

The allegations levelled against the accused is that the petitioner along with the 1st accused kidnapped a minor girl and a friend forcefully administered intoxicating liquor. The offences alleged are very serious. The investigation is in its initial stage. The 1st accused is yet to be apprehended. There is merit in the objection raised by the learned Public Prosecutor that, if the petitioner / 2nd accused is released on bail at this initial stage of investigation, it would impede the investigation. The nature and gravity of the crime and the role attributed against him on the crime disentitle the petitioner from releasing him on bail at this initial stage of investigation.

Hence, this bail application stands dismissed.