Dismissed

Lawrence v. State of Kerala

Kerala HC22 Jan 2013Bail Appl./182/2013

Case brief

AI extract

What is this about?

Bail application by two accused vs State in a criminal case involving illegal assembly, offences punishable under IPC, and use of weapons resulting in injury. Bail denied pending investigation; surrender ordered with direction to seek regular bail from Magistrate.

What did the court decide?

Bail denied. Petitioners directed to surrender before Investigating Officer by 31.1.2013; regular bail applications to be processed by Magistrate.

Lawrence 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 P.BHAVADASAN

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TUESDAY, THE 22ND DAY OF JANUARY 2013/2ND MAGHA 1934

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Bail Appl..No. 182 of 2013 ()

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CRIME NO. 1714/2012 OF KUNDARA POLICE STATION , KOLLAM

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PETITIONER/ACCUSED 1 & 2

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1. LAWERENCE, S/O.POULOSE AGED, 47 YEARS, PUNNAVILA VEEDU,KANJICODU, MULAVANA VILLAGE, KUNDARA, KOLLAM DISTRICT.

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2. JOHNSON, S/O.LAWERENCE, AGED 25 YEARS, PUNNAVILA VEEDU, KANJICODU, MULAVANA VILLAGE, KUNDARA, KOLLAM DISTRICT.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENT/COMPLAINANT(S):

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT THROUGH THE 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 22-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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P.BHAVADASAN, J

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-----------------------------------------

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B.A No.182 of 2013

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Dated this the 22^nd day of January, 2013

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O R D E R

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The petitioners are accused Nos.1 and 2 in Crime No.1714/2012 in Kundara Police Station for having committed offence punishable under Sections 143, 147, 148, 452, 294(b), 308, 354, 427, 324 r/w Section 149 IPC.

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The allegation against the petitioners is that they along with other accused persons on 14.10.2012 at 20.00 hrs, trespassed into the house of the defacto complainant and attacked with soda bottle and iron stick and caused injuries to him.

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The petitioners would say that they are innocent and have been falsely implicated. It is pointed out that the 1^st petitioner's daughter married the son of the defacto complainant and there was a matrimonial dispute between them and a complaint has been filed and it could not be settled. Therefore a false complaint was filed making untrue allegations against the petitioners.

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After having heard the learned counsel for the petitioners, the learned Public Prosecutor and perused the

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B.A No.182 of 2013 : 2:

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records the claim of the petitioners that they are innocent does not appear to be correct. The materials indicate that the petitioners had trespassed into the house of the defacto complainant. Whatever that be a further probe into the matter is not warranted at this point of time.

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Considering the nature of allegation raised against the petitioners, the manner in which the offences committed, weapons used, injuries caused and also the fact that investigation is at the initial stage, preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioners. The petition is dismissed.

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However, if so advised, the petitioners may surrender before the Investigating Officer on or before 31.1.2013, who after interrogation, shall produce them before the JFCM Court concerned. If the petitioners move applications for regular bail before the said court, the learned Magistrate shall consider and pass orders thereon in accordance with law, if possible on the same day itself.

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Sd/- P.BHAVADASAN Judge

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//True Copy//

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Lawrence v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lawrence v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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