This bail application under Section 438 CrPC for anticipatory bail was dismissed. The Court held that the allegations of serious assault were grave and granting bail would adversely affect the investigation.
Application for anticipatory bail dismissed; relief denied.
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
WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933
Bail Appl..No. 8133 of 2011()
CRIME NO.2963 OF 2011 OF CENTRAL POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED
PHILIP N.J. @ JITHU, S/O. N.P.JUSTIN, AGED 31, NEDIYODI HOUSE, KOCHAPPILLY LANE, CHILAVANNOOR, KOCHI-20.
BY ADV. SRI.K.R.VINOD
RESPONDENT(S):
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY P.P.SRI.K.K.RAJEEV
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J .
B.A.No.8133 OF 2011
Dated this the 19th day of October, 2011
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.2963 of 2011 of Central Police Station, Ernakulam.
B.A.No.8133 OF 2011 2
Xray. By about 10.45 P.M, one Jithin and his father Antony came to the hospital. They stated that they were beaten by few persons. After examining them, they were taken to the dressing room for dressing the wounds. At that time, the petitioner was returning after Xray and CT scan. The petitioner rushed to the dressing room and attacked Jithin and Antony. The friends of the petitioner also joined in the perpetration of the Crime. It was alleged that the criminal activities of the petitioner and others caused disturbances to the official duties of the hospital staff.
For the aforesaid reasons, the Bail Application is dismissed.
K.T.SANKARAN, JUDGE .
cms
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of assault and causing hurt.
Whether the allegations against the petitioner are grave enough to deny discretionary relief under Section 438 CrPC.
2 provisions across 2 enactments
Philip N.J. @ Jithu
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
