Dismissed

Asanar v. State of Kerala

Kerala HC18 Nov 2011Bail Appl./8118/2011

Case brief

AI extract

What is this about?

Anticipatory bail application dismissed. The single-judge Bench held that given the serious nature of offences involving violent attack and resultant injuries, custodial interrogation is required, and granting bail would adversely affect the investigation.

What did the court decide?

Bail application dismissed as it would adversely affect the investigation requiring custodial interrogation.

Asanar Vs State of Kerala — Anticipatory Bail | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933

¶4

Bail Appl..No. 8118 of 2011()

¶5

------------------------------------IN CRIME NO. 1460/2011 OF NEDUMANGAD POLICE STATION

¶6

PETITIONER(S):/ACCUSED 1 AND 3

¶7

-------------------------------------------------

¶8

1. ASANAR, S/O.ABOOSALI, NALUKANDATHIL MELEKARA VEEDU, 10TH MILE STONE, ARASUPARAMBU, MANCHA.P0. NEDUMANGAD, THIRUVANANTHAPURAM.

¶9

2. SUNEER, AGED 28 YEARS, S/O.ASANAR, NALUKANDATHIL MELEKARA VEEDU, 10TH MILE STONE, ARASUPARAMBU, MANCHA.P0., NEDUMANGAD, THIRUVANANTHAPURAM.

¶10

BY ADVS. SRI.T.A.UNNIKRISHNAN

¶11

SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN

¶12

RESPONDENT(S): RESPONDENT/COMPLAINANT

¶13

---------------------------------------------------------------------

¶14

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶15

BY PUBLIC PROSECUTOR SRI. R. RENJITH

¶16

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON 18/11/2011 PASSED THE FOLLOWING:

¶17

¶18

K.T.SANKARAN, J.

¶19

- - - - Bail Appl. NO.8118 OF 2011

¶20

- - - - Dated this the 18^th day of November, 2011

¶21

O R D E R

¶22

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused No. 1 and 3 in Crime No. 1460 of 2011 of Nedumangad Police Station.

¶23

The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 323, 324, 326 and 308 of the Indian Penal Code.

¶24

The prosecution case is that on 22/08/2011, the accused persons trespassed into the house of the relatives of defacto complainant, attacked him with sword, knife and iron rod. The defacto complainant sustained serious injuries.

¶25

The allegations levelled against the accused are

¶26

B.A.No.8118/2011 -2-

¶27

serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case.

¶28

For the aforesaid reasons, the Bail Application is dismissed.

¶29

K.T. SANKARAN, JUDGE.

¶30

Asanar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Asanar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sathyan Vs S.I. of Police, Kottiyam

Nazeer Vs State of Kerala

Anilkumar Vs State of Kerala

Sachu Vs State of Kerala

Manikuttan Vs State of Kerala

Sojan Vs State of Kerala