Court of Session, Ernakulam Division: Shibu Thomas, II Additional Sessions Judge, denied bail to tattoo artist alleged of committing rape under Section 376 of the Penal Code, 1860.

A bail application was filed under Section 439 CrPC in a matter wherein the petitioner was an accused alleged for an offence under Section 376 of the Penal Code, 1860.

The said tattoo artist has been alleged of committing rape with several women.

Prosecution’s Case

The petitioner was the proprietor of a studio named INKFECTED TATTOO, on 21-6-2021, he committed rape on de facto complainant at the tattoo studio, hence accused of the above-stated offence.

Public Prosecutor while opposing the bail application contended that the petitioner was involved in similar other cases and a foreign woman was the informant in one of the crimes.

Analysis and Decision

 Since 6th March, 2022 the petitioner/accused was in judicial custody.

As per the report, the investigation was in a preliminary stage. Though there was a delay of 8 months in filing the complaint, Court held that it was inclined to grant bail considering the nature of the offence and strong similar antecedents of petitioner and stage of the investigation.

Bench expressed that,

Granting of bail to the petitioner at this stage may affect smooth progress of the investigation and possibility of the petitioner influencing the witnesses and interfering with the investigation cannot be ruled out. 

Therefore, in view of the above reasoning, the petition was dismissed. [Sujeesh v. State of Kerala, 2022 SCC OnLine Dis Crt (Ker) 1, decided on 22-3-2022]

Advocates before the Court:

Petitioner/Accused: By Advs. Sri. Geo Paul and Sri. C.R. Pramod

Respondent/Complainant/State: By Public Prosecutor Sri. T.P. Ramesh

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