Rejection of anticipatory bail application in an attempted murder case where the court found the petitioner shared common intention with co-accused and had a distinct motive against the victim.
The petition for anticipatory bail was dismissed; the petitioner is directed to appear before the Magistrate to seek regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH OCTOBER 2007 / 25TH ASWINA 1929 Bail Appl..No. 6114 of 2007() ----------------------------CRIME NO. 508/2007 OF CHATHANOOR POLICE STATION
PETITIONER ----------------MANURAJAN, AGED 22 YEARS, S/O.DEVARAJAN, MAYAMANDIRAM, MEENADU VILLAGE, KARAMKODU CHERI, KOLLAM DISTRICT.
BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS
RESPONDENTS:
---------------STATE OF KERALA REPRESENTED BY THE SI OF POLICE, CHATHANOOR, THOURGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
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Dated this the 17th day of October, 2007
ORDER
Application for anticipatory bail. The petitioner is the 1st accused. Altogether there are three accused persons. They face allegations for offences punishable, inter alia, under Section 308 read with 34 IPC.
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against the de facto complainant. It is further shown that the three persons came altogether - evidently in search of the de facto complainant at the scene of occurrence.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. given the allegations of common intention in an attempted murder offence.
Whether the petitioner shared the common intention and motive to attack the de facto complainant along with the other accused persons.
1 provisions across 1 enactments
MANURAJAN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
