The High Court of Kerala dismissed an application for pre-arrest bail filed by a petitioner accused of assaulting his wife under IPC Sections 341, 323, and 308. The court held that given the nature of the injuries and the infant stage of investigation, bail was not properly grantable at this stage.
Bail rejected; surrender directed by 8.3.2013.
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 P.BHAVADASAN
FRIDAY, THE 1ST DAY OF MARCH 2013/10TH PHALGUNA 1934
Bail Appl..No. 1357 of 2013 ()
CRIME NO. 12/2013 OF MANKARA POLICE STATION , PALAKKAD DISTRICT
PETITIONER/ACCUSED:
ANEESH, AGED 35 YEARS, S/O.SHAHUL HAMEED, KANJIRAKKAD HOUSE, KODUNTHIRAPULLY.P.O., PALAKKAD.
BY ADVS.SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, (SUB INSPECTOR OF POLICE, MANKARA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.N.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P. BHAVADASAN, J.
Dated this the 1st day of March, 2013.
ORDER
Petitioner stands accused of having committed offences punishable under Sections 341, 323 and 308 of I.P.C.
from the order of the Sessions court, it can be seen that three injuries were inflicted on the victim and the records
B.A.1357/2013. 2
would show that she was rescued by the public who had gathered at the place. It is also pointed out that the investigation is at an infant stage.
Therefore this application is dismissed.
B.A.1357/2013.
3
However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 8.3.2013, who, after interrogation produce the petitioner before the JFCM Court concerned, which court, on an application for bail being moved by the petitioner, shall dispose of the same in accordance with law and also considering the nature of injuries found on the body of the victim.
P. BHAVADASAN, JUDGE
sb.
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner accused of assaulting his wife.
Whether the investigation at an infant stage and the manner of offence necessitate denial of bail.
1 provisions across 1 enactments
Aneesh
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
