The High Court of Kerala dismissed a bail application filed by a petitioner arrayed as the third accused in a criminal case involving breach of peace and attempt to cause hurt. The court denied anticipatory bail and directed surrender.
Bail application dismissed; directions to surrender and seek regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
MONDAY, THE 22ND OCTOBER 2007 / 30TH ASWINA 1929
Bail Appl..No. 6019 of 2007()
----------------------------AGAINST THE ORDER DATED / / IN CRMC 913 2007 IN CRLMC.906/2007 of D.C. & SESSIONS COURT,KOZHIKODE CRIME NO.285/07 OF KASBA POLICE STATION
PETITIONERS/ACCUSED
GOKULDAS, S/O SAHADEVAN, MURINGATH HOUSE, NADUVATTOM P.O., NORTH BEYPORE, CALICUT.
BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR
RESPONDENTS: STATE
BY PUBLIC PROSECUTOR SRI.JAI GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 6019 OF 2007
Dated this the 22nd day of October, 2007
ORDER
When this petition was filed, according to the petitioner, he was not an accused and he has not been arrayed as an accused. Interim directions were issued on 4/10/07. Accordingly, he had appeared before the Investigating Officer. It is now confirmed that the petitioner is the 3rd accused in the crime and has been arrayed as such. Altogether, there are 7 accused persons. The accused persons face allegations for offences punishable, inter alia, under Secs.452, 326 and 308 of the IPC. The 1st accused was allegedly evicted from the premises in pursuance of an order obtained from the competent court by the de facto complainant. As a retaliation against that, the accused persons are alleged to have trespassed into the house of the de
B.A. No. 6019 OF 2007 -: 2 :-
facto complainant and attacked him with dangerous weapons and caused damage to the building. Investigation is in progress. As indicated earlier, the petitioner is now arrayed as an accused. In view of the interim directions issued by this Court, the petitioner has not been arrested and interrogated. He was allowed to leave the Police Station after executing a bond without sureties as directed by this Court.
B.A. No. 6019 OF 2007 -: 3 :-
jurisdiction and then seek regular bail in the ordinary course.
Sd/(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C.
Whether the features of the case justify the invocation of extraordinary equitable discretion.
1 provisions across 1 enactments
GOKULDAS
STATE
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
