Justice N.K. Balakrishnan dismissed an application for anticipatory bail, declining to grant relief due to the gravity of the offences alleged against the petitioner, directing surrender for production before the Magistrate.
Anticipatory bail refused; petitioner directed to surrender to Investigating Officer.
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
THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934
Bail Appl..No. 5217 of 2012 ()
CRIME NO:935/2012 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT
PETITIONER/2ND ACCUSED:
SANTHA, AGED 38 YEARS D/O. AMMINI, VADAKKE CHERUVIL HOSUE, KOZHIMALA.P.O. BY ADVS.SRI.T.P.PRADEEP
SRI.S.SREEDEV
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
B.A. No: 5217 of 2012
Dated this the 2nd day of August, 2012
O R D E R
The petitioner is the 2nd accused in Crime No:935/2012 of Thiruvalla Police Station, Pathanamthitta District. Offences alleged are under sections 332, 188, 506(ii) and 294(b) r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
The F.I. Statement was given by a woman Civil Police Officer. It is stated that she, along with other police officials, reached the property of the accused persons. There was an order passed by the R.D.O. Thiruvalla, directing the removal of the branches of certain trees. That
order was to be executed by or with the help of the police
B.A. No: 5217/2012
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officials. It was for that purpose the complainant and others had gone there. At that time the accused persons, mother and daughter, pushed the Additional S.I. The complainant, woman police officer, intervened in the matter. Then the accused persons went to their house and brought a sickle and attempted to hack the complainant and others. The complainant tried to prevent the accused from causing injury. Then the accused bit both the hands of the complainant. One accused (Ammini) slapped on the left cheek of the woman Civil Police Officer and as a result of the same her ear stud was broken. It is also alleged that the accused (Ammini) twisted the hands of the woman Civil Police Officer. There is also allegation that the accused persons stamped other police officers also.
B.A. No: 5217/2012
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had taken support of the police party to cut and remove the branches of the trees. The petitioner's mother was arrested and she was in custody. The learned counsel submits that, if as a matter of fact, the petitioner also had attacked the complainant, then she would also have been arrested then and there but she was not arrested. That will show that her name was subsequently introduced at the instance of the petitioner's neighbour. But that contention seems to be not correct since in the F.I. Statement the allegation against this petitioner also was specifically mentioned.
If the petitioner surrenders before the Police/Investigating Officer, after interrogation the petitioner shall be produced before the Magistrate and if the petitioner applies for bail the learned Magistrate will dispose of the
B.A. No: 5217/2012
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same in accordance with law, but after hearing the learned APP as well and also after perusal of the case diary, if so required and also after considering the facts and circumstances of the case. If the Investigating Officer files application for police custody for further interrogation that shall also be considered by the learned Magistrate in accordance with law. The petitioner can advance all her contentions before the learned Magistrate.
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 petitioner apprehending arrest in a criminal case involving obstruction and violence against police.
Whether the gravity of the alleged offences justifies refusing anticipatory bail at this stage.
1 provisions across 1 enactments
SANTHA
STATE OF KERALA
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
