The court dismissed anticipatory bail applications filed by two accused persons facing charges of unlawful restraint and attempt to murder. The court held the case was not a fit one for anticipatory bail due to the gravity of the offence and potential hindrance to investigation.
The bail applications were dismissed; anticipatory bail was not granted.
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 MARCH 2010 / 20TH PHALGUNA 1931
Bail Appl..No. 843 of 2010
CRIME NO.296 OF 2009 OF THRIKUNNAPUZHA POLICE STATION, ALLEPPEY DISTRICT
PETITIONER/ACCUSED NO.3
PREJITH, AGED 20 YEARS, S/O.PRAKASH, PRASANNA BHAVANAM, MAHADEVIKADU MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.
BY ADV. SRI.S.SHANAVAS KHAN
RESPONDENT: COMPLAINANT
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, ALONGWITH B.A.NO.933 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A. NO. 843 & 933 OF 2010
Dated this the 11th day of March, 2010
O R D E R
These applications are filed under Section 438 of the Code of Criminal Procedure. B.A.No.843 of 2010 is filed by the third accused, Prejith, while B.A.No.933 of 2010 is filed by the fourth accused, Unni @ Vipin.
B.A. NOS.843 & 933 OF 2010
:: 2 ::
15.12.2009. It is stated that the accused as well as the de facto complainant and the victim belonged to different political parties and there was political rivalry between them.
For the aforesaid reasons, the Bail Applications are dismissed.
(K.T.SANKARAN) Judge
ahz/
2 issues framed by the court
Whether anticipatory bail can be granted under Section 438 CrPC given the grave nature of the offences and injury sustained.
Whether granting anticipatory bail would adversely affect the investigation of the case.
2 provisions across 2 enactments
Prejith
Unni @ Vipin
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
