The High Court of Kerala dismissed the petitioner's application for anticipatory bail in a case alleging grievous hurt. The court held that granting bail would hinder the investigation into the alleged assault with a wooden reaper warranting a fractured ulna.
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
TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931
Bail Appl..No. 863 of 2010() --------------------------------CRIME NO. 14/2010 OF PERINGOME POLICE STATION, KANNUR DISTRICT
PETITIONER/ACCUSED : --------------------------JIJO JOSEPH, AGED 25 YEARS, S/O ALICE, PARUNTHU VEETTIL HOUSE, ADUKKATTU MAHAL, VELLORA P.O., MATHAMANGALAM (VIA), KANNUR DIST.
BY ADVS. SRI.R.GIREESH VARMA SRI.P.M.SATHEESH
RESPONDENT/COMPLAINANT:
-----------------------------------
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.14/2010 OF PLERINGOME POLICE STATION).
BY SRI. V. TEKCHAND PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 863 of 2010
Dated this the 2nd day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is the accused in Crime No.14/2010 of Peringome Police Station, Kannur District.
B.A. No. 863 of 2010 2
case, the nature of the injury and the allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. If anticipatory bail is granted tot he petitioner, it would adversely affect the proper investigation of the case,
For the aforesaid reasons, the Bail Application is dismissed.
The learned counsel for the petitioner submitted that the de facto complainant has political influence and that if the petitioner is arrested, there is every chance of the petitioner being manhandled by the police. It is also submitted that the petitioner and the de facto complainant are neighbours and the petitioner intends to explore the possibilities of a settlement. In the facts and circumstances of the case, to facilitate the settlement between the parties, there will be a direction to the Sub Inspector of Police, Peringome Police Station not to arrest the petitioner in connection with Crime No. 14/2010 for a period of three weeks from today.
Hand over copy to both sides.
K.T. SANKARAN, JUDGE
B.A. No. 863 of 2010 3
ln
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of voluntary grievous hurt and intentional causing hurt.
2 provisions across 2 enactments
JIJO JOSEPH
STATE OF KERALA
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
