LAWS(KER)-2017-9-69

MRS. KAVYA MADHAVAN Vs. STATE OF KERALA

Decided On September 25, 2017
Mrs. Kavya Madhavan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner herein seeks pre-arrest bail on the apprehension of arrest as accused in Crime No. 297 of 2017 of the Nedumbassery Police Station.

(2.) This is a case where a film actress was abducted, and sexually abused and ravished in a running car. The petitioner's husband is now in judicial custody on an allegation that the incident of gang rape alleged by the prosecution happened in prosecution of a criminal design hatched by the petitioner's husband and others. The petitioner was once questioned by the investigating team. The Investigating Officer was required to file a report regarding the status of the petitioner, as to whether she is an accused or not, or whether the police wants to arrest her. Now there is a report from the Investigating Officer that the Police has already questioned the petitioner effectively, and that, she has not been arraigned as accused in the crime. The Police also does not want to arrest the petitioner in connection with the said crime. It is submitted in open court by the learned Public Prosecutor on instructions from the Police that so far, nothing definite could be collected as against the petitioner to arraign her as an accused in the crime. This means that the petitioner has no reason for any sort of concern, or apprehension that she would be arrested by the Police.