In bail application No. 1593 of 2013, the petitioner accused of offenses under Sections 354, 452, and others IPC sought pre-arrest bail. The High Court rejected the application, ruling that the nature of allegations, weapon used, and incomplete investigation rendered it an unfit case for extraordinary bail.
The application for pre-arrest bail was 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 P.BHAVADASAN
WEDNESDAY, THE 6TH DAY OF MARCH 2013/15TH PHALGUNA 1934
Bail Appl..No. 1593 of 2013 ()
CRIME NO. 137/2013 OF VARKALA POLICE STATION , THIRUVANANDAPURAM
PETITIONER/ACCUSED:
UDAYAKUMAR,S/O.SREEDHARAN, AGED 54 YEARS,UDAYAM, WATCHERMUKKU, JANARDANAPURAM, VARKALA, THIRUVANANTHAPURAM.
BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.P.G.PRAMOD
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, VARKALA (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM)
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.BHAVADASAN, J.
--------------------------------------Bail Application No.1593 OF 2013
Dated this the 6th day of March, 2013.
O R D E R
The petitioner is the accused in Crime No.137/2013 of Varkala Police Station who is alleged to have committed the offences punishable under Sections 452, 341, 294(b), 354 and 506(2) of the Indian Penal Code.
B.A. No.1593/2013
2
pointed out that injuries have been caused by the petitioner and the investigation is not complete.
However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 13.03.2013 who, after interrogation, shall produce him before the Magistrate court
B.A. No.1593/2013
3
concerned who, on an application of bail being moved by the
petitioner, shall dispose of the same in accordance with law.
P.BHAVADASAN JUDGE
smp
2 issues framed by the court
Whether pre-arrest bail should be granted in a criminal case involving offenses under Sections 354 and 452 IPC where investigation is incomplete.
Whether the alleged intrusion of a private house and causing physical injury make the case unfit for exercise of extraordinary bail jurisdiction.
1 provisions across 1 enactments
UDAYAKUMAR
STATE OF KERALA
P.BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
