High Court of Kerala rejected a petition for anticipatory bail filed by a pillion rider accused of dacoity/theft, holding that the gravity of the offence and the nature of snatching precluded such relief.
Application for anticipatory bail dismissed due to the gravity of the offence.
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 20TH DAY OF JULY 2012/29TH ASHADHA 1934
Bail Appl..No. 4207 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN BA.3529/2012 DATED 01-06-2012 CRMP.1350/2012 of D.C & SESSIONS COURT, PALAKKAD CRIME NO:1134/2011 OF VADAKKANCHERY POLICE STATION
ACCUSED(S)/PETITIONER/ACCUSED NO 2:
ABDUL SALAM AGED 29 YEARS
S/O.BAPPUTTY, KALLAZHIKUNNATH HOUSE, GANESAGIRI P.O. SHORNUR, PALAKKAD
BY ADVS.SRI.K.MUHAMMED SALAHUDHEEN
SRI.M.RAJENDRAN
COMPLAINANT(S):
STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
B.A. No: 4207 of 2012
Dated this the 20th day of July, 2012
O R D E R
The petitioner is the 2nd accused in Crime No:1134/2011 of Vadakkancherry Police Station. The offence alleged is under section 379 of IPC. Apprehending
arrest, this petition is filed for anticipatory bail.
defacto complainant was going to the tailoring centre by walking. Two persons came in a two wheeler (black pulsar bike) from the opposite side. One of them snatched the gold chain worn by the complainant.
B.A. No: 4207/2012
-2-
B.A. No: 4207/2012
-3-
sufficient materials are collected during investigation showing the complicity of such persons in the commission of the offence. The learned Public Prosecutor submits that now-a-days it has become impossible for women to walk along the road since the same modus operandi is adopted by such criminals who approach women in two wheelers wearing helmets or other mask like objects for covering the face and snatch the gold chain including the 'Thali' chain of the woman.
Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. This application is hence dismissed.
Sd/N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of snatch theft under section 379 IPC.
ABDUL SALAM
STATE OF KERALA
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
