This bail application for anticipatory bail under Section 438 CrPC for accused charged with assault, attempted murder, mischief, and arms offences was dismissed. The court held allegations were grave and required investigation.
Application for anticipatory bail dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933
Bail Appl..No. 6554 of 2011()
----------------------------CRIME NO.539/2011 OF PALODU POLICE STATION, TRIVANDRUM
PETITIONERS : ACCUSED 1 & 2
BY ADV. SRI.M.ZIYAD
SRI.SANU.S.PANICKER
RESPONDENT(S): ---------------
SUB INSPECTOR OF POLICE, PALODU POLICE STATION, THIRUVANANTHAPURAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.T.K.RENJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.6554 of 2011
Dated this the 20th day of October, 2011
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.539 of 2011 of Palodu Police Station, Thiruvananthapuram.
BA 6554/11
2
with an iron pipe on his forehead and head. It is also alleged that the accused destroyed the autorickshaw causing a loss of ` 5,000/-. The de facto complainant was taken to the Taluk Head Quarters Hospital from where he was taken to the Medical College Hospital, Thiruvananthapuram. The wounds on his head were sutured wounds. The allegation is that the de facto complainant was attacked by the accused on account of the enmity towards the de facto complainant as he filed a complaint against the accused before the police.
BA 6554/11
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persons are regularly involved in criminal activities and that they have become a menace to the society.
For the aforesaid reasons, the Bail application is dismissed.
K.T.SANKARAN
JUDGE
csl
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC given the nature of allegations involving assault with weapons and repeated criminal activity.
Whether granting anticipatory bail would adversely affect the investigation requiring custodial interrogation.
3 provisions across 3 enactments
Accused 1 (A.Nasarudheen)
Accused 2 (Salim)
Sub Inspector of Police, Palodu Police Station (Rep. by the Public Prosecutor)
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
