Dismissed

Anshad v. State of Kerala

Kerala HC1 Apr 2013Bail Appl./1677/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by three accused persons facing charges under the Indian Penal Code and Arms Act. The court held that investigation materials prima facie indicated complicity and order surrender for cooperation.

What did the court decide?

Petition dismissed; petitioners directed to surrender before the Investigating Officer and cooperate with investigation.

Anshad Vs State of Kerala — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935

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Bail Appl..No. 1677 of 2013 (C)

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CRIME NO. 126/2013 OF KADAKKAVOOR POLICE STATION , THIRUVANANDAPURAM

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PETITIONER(S)/ACCUSED NO. 1 TO 3:

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1. ANSHAD, S/O.NIZAR, AGED 26, KANNIVILAKOM, VAKKOM P.O, THIRUVANANTHAPURAM.

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2. NISHAD, S/O.NIZAR, AGED 25, KANNIVILAKOM, VAKKOM P.O., THIRUVANANTHAPURAM.

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3. ARUNRAJ, S/O.MANIYAN, @ SASI, AGED 28 YEARS, PONGANTEVILAKOM,VAKKOM P.O., THIRUVANANTHAPURAM.

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BY ADVS.SRI.S.S.RAJESH SRI.D.SHAJI

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RESPONDENT(S):

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STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI V S SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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LSN

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S.S.SATHEESACHANDRAN,J

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B.A. NO. 1677 of 2013

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Dated this the 01^st day of April, 2013

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O R D E R

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Petitioners are accused in Crime No.126 of 2013 of Kadakkavoor Police Station registered for offences punishable under Sections 323, 324, 308 read with 34 of Indian Penal Code and Section 27 of the Arms Act. They have filed the above application under Section 438 of the Code of Criminal Procedure (for short 'the Code') seeking pre-arrest bail.

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Allegation is that on account of previous animity, petitioners, with one among them wielding a deadly weapon, a sword, conjointly assaulted de facto complainant and his companions, and, in such assault, de facto complainant received grave injuries. While he was undergoing treatment in hospital, consequent to the injuries suffered, recording his statement, crime was registered and it is now pending investigation.

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B.A. NO. 1677 of 2013

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Learned counsel for petitioners submitted that petitioners were members of a committee constituted for smooth functioning of a festival in a temple. In connection with such festival when a dance programme was held some hooligans disturbed that programme and it was prevented by local people. Later, petitioners have been falsely implicated in the crime on baseless allegations that they have assaulted de facto complainant and his companions, according to counsel. Opposing the application, learned Public Prosecutor submitted that investigation so far conducted and materials gathered disclose complicity of petitioners in the offences imputed and as such their arrest and interrogation is required for investigation.

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After looking into the case diary, which has been made available by learned Public Prosecutor, I find considerable force in the submission made by learned Public Prosecutor. The materials gathered by

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B.A. NO. 1677 of 2013

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investigating agency, prima facie, give strong room to suspect complicity of petitioners in the offences imputed. Petitioners have to surrender before Investigating Officer

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and cooperate with the investigation. They are not entitled to pre-arrest bail.

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Petition is dismissed.

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sd/- S.S.SATHEESACHANDRAN Judge

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True Copy

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P.A to Judge

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lsn

Anshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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