The High Court of Kerala dismissed an application for anticipatory bail filed by an accused charged with offenses under various sections of the IPC including attempted murder and affray, holding that the serious nature of injuries and weapons used precluded grant of bail.
The application for anticipatory bail was dismissed.
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 K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 2774 of 2009() ----------------------------CRIME NO.291/09 OF KANJANGAD POLICE STATION PETITIONER (S): ACCUSED: ---------------------------ABDUL BASHEER, AGED 39 YEARS, S/O.KUNHU AHAMED, MUKOOT, KOTTAKKANI, PALLIKARA GRAMA PANCHAYATH. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.MEREENA JOSEPH
RESPONDENT(S): COMPLAINANT: --------------------------STATION HOUSE OFFICER, KANJANGAD POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.2774 of 2009
Dated this the 11th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused No.8 in Crime No.291 of 2009 of Kanjangad Police Station.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl
2 issues framed by the court
Whether anticipatory bail should be granted to the accused facing serious allegations of assault and attempted murder.
Whether the nature of the injury sustained by the victim and the weapons used disentitle the accused from bail.
2 provisions across 2 enactments
Abdul Basheer
Station House Officer, Kanjangad Police Station
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
