High Court of Kerala rejected the anticipatory bail application filed by accused persons charged with offences under IPC and Arms Act, holding that the gravity of the charges involving deadly weapons with intent to murder precludes bail.
Anticipatory bail is not granted to the petitioners; the petition is dismissed.
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 N.K.BALAKRISHNAN
MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934
Bail Appl..No. 2463 of 2012 () -----------------------------(CRIME NO. 482 OF 2012 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT)
PETITIONERS/ACCUSED:
1. AKHIL, KURUVIKKATTU HOUSE, VALLAMKULAM P.O, ERAVIPEROOR
2. ENGIN JOY, POYKAYIL HOUSE, VALLAMKULAM P.O, ERAVIPERROR
3. SHIJU FRANCIS, PARAKKADAVIL HOUSE, VALLAMKULAM P.O, ERAVIPEROOR
BY ADVS.SRI.T.P.PRADEEP
SRI.S.SREEDEV
RESPONDENTS/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Scl.
N.K.BALAKRISHNAN,J.
B.A.No. 2463 of 2012
Dated this the 04th day of June, 2012
O R D E R
Petitioners are accused Nos. 1 and 3 in crime No.482/2012 of Thiruvalla Police Station. The offences alleged against them are under Sections 143, 147, 148, 149, 307 and 323 of IPC and Section 20 of the Arms Act.
Considering the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Hence this petition is dismissed.
N.K.BALAKRISHNAN, JUDGE
kkj
2 issues framed by the court
Whether anticipatory bail should be granted to the accused persons.
Whether the gravity of the alleged offences warrants denial of bail.
2 provisions across 2 enactments
Akhil
Engin Joy
Shiju Francis
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
