This court disposed of a bail application filed by the first accused. Observing the gravity of the offences including grievous hurt, the court declined anticipatory bail but directed surrender for subsequent bail consideration.
The petitioner was not granted anticipatory bail but was directed to surrender and seek bail from the Magistrate thereafter.
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
FRIDAY, THE 1ST DAY OF JUNE 2012/11TH JYAISHTA 1934
Bail Appl..No. 2582 of 2012 ()
(CRIME NO.140/12 OF PIRAVOM POLICE STATION, ERNAKULAM DISTRICT)
PETITIONER/1ST ACCUSED :
PONNAPPAN, AGED 54 YEARS S/O.KUNJUKUNJU, CHITTETHARA HOUSE, ONAKKOOR KARA ONAKKOOR VILLAGE, ERNAKULAM DISTRICT.
BY ADV. SRI.P.K.VARGHESE
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, SESSIONS COURT ERNAKULAM.
BY PUBLIC PROSECUTOR, SMT. JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
N.K. BALAKRISHNAN, J.
B.A. No: 2582 of 2012
Dated this the 1st day of June, 2012
O R D E R
The petitioner is the 1st accused in Crime No:140/2012 of Piravom Police Station, Ernakulam. The offences alleged against him and other accused are under sections 341, 323, 324, 326, 506(1) and 307 r/w 34 of IPC.
not yield to that demand. There was exchange of words.
The son and wife of the petitioner also reached near the petitioner. There was push and pull. It is stated that the petitioner beat the injured with an iron bar with which the
the cow is used to be tethered. Serious head injury was caused to Breejith. The petitioner contends that, in fact, the persons who were playing cricket beat the petitioner and
B.A. No: 2582/2012
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others with cricket bat and the petitioner also sustained serious injuries on his head. The learned counsel for the petitioner submits that it is a case where, in fact, the petitioner was attacked by the other group whereas, the prosecution contends that he attacked the other group. A copy of the wound certificate has been produced to show that the 1st petitioner also sustained serious injuries on his head. However, I am not inclined to grant anticipatory bail to the petitioner.
B.A. No: 2582/2012
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application for police custody for further interrogation that shall also be considered by the learned Magistrate in
accordance with law.
Sd/N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether anticipatory bail should be granted to the first accused in a case alleging violence with an iron bar and grievous hurt.
Whether the course of tendering the accused for bail pending investigation from the Magistrate should be followed.
1 provisions across 1 enactments
Ponnappan
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
