REGENT COMPUTRONICS PVT. LTD.

Xxxxxxxx Appellant

V/S

STATE OF KERALA Respondents

Referred Judgements :-

JOGINDER KUMAR VS. STATE OF UTTAR PRADESH [REFERRED TO]
HITENDRA VISHNU THAKUR VS. STATE OF MAHARASHTRA [REFERRED TO]
A S KRISHNAN VS. STATE OF KERALA [REFERRED TO]
SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA [REFERRED TO]
LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]
HEMA MISHRA VS. STATE OF U.P. [REFERRED TO]
ARNESH KUMAR VS. STATE OF BIHAR [REFERRED TO]
BHADRESH BIPINBHAI SHETH VS. STATE OF GUJARAT AND ORS. [REFERRED TO]
P. JAYARAJAN VS. STATE, THE CENTRAL BUREAU OF INVESTIGATION SPECIAL CRIME BRANCH AND ORS. [REFERRED TO]
DR. SUBHASH KASHINATH MAHAJAN VS. STATE OF MAHARASHTRA [REFERRED TO]
SUHARA VS. MUHAMMED JALEEL [REFERRED TO]
UNION OF INDIA VS. STATE OF MAHARASHTRA [REFERRED TO]
SHRIPAL BHATI VS. STATE OF U.P. [REFERRED TO]
PRATHVI RAJ CHAUHAN VS. UNION OF INDIA [REFERRED TO]
SATENDER KUMAR ANTIL VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]

JUDGEMENT

(1.) Does sub-sec. (4) of Sec. 438 of the Code of Criminal Procedure create an absolute bar in granting pre-arrest bail to an accused involved in the offence of rape of a minor girl? - This is the important question that arises for consideration in these bail applications.

(2.) The applicants in both cases who allegedly committed the offence, among other things, punishable under Sec. 376- AB of the Indian Penal Code (for short, IPC) invoked the jurisdiction of this Court under Sec. 438 of the Code of Criminal Procedure (for short, Cr.P.C) seeking pre-arrest bail.

(3.) The facts in both cases are almost identical. The applicants are alleged to have committed penetrative sexual assault on their own minor daughters. The crimes were registered pursuant to the complaint of the mother of the victims. The applicants totally deny the allegations. They contend that a false case has been foisted against them at the behest of their wives to deny the custody of the minor victim, which they are fighting at the Family Court.

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XXXXXXXX Vs. STATE OF KERALA

Referred Judgements :-

JUDGEMENT

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