Dismissed

Adarsh v. State of Kerala

Kerala HC11 Jan 2013Bail Appl./21/2013

Case brief

AI extract

What is this about?

In this bail application, the High Court dismissed the plea of four accused persons. The court held that the nature of allegations involving serious offenses, weapons used, time of attack, injuries caused, and ongoing investigation precluded the exercise of extraordinary jurisdiction to grant bail.

What did the court decide?

Bail application dismissed. Petitioners directed to surrender before the Investigating Officer.

Adarsh Vs State of Kerala — Murder and Culpable Homicide | 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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FRIDAY, THE 11TH DAY OF JANUARY 2013/21ST POUSHA 1934

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Bail Appl..No. 21 of 2013 ()

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CRIME NO.1568/2012 OF ANTHIKKAD POLICE STATION,THRISSUR DISTRICT

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PETITIONER(S)/ACCUSED NO 1,2,4 AND 5:

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1. ADARSH, AGED 20 YEARS, S/O SURESH, KUTTIKATTU HOUSE,PERINGOTTUKARA P.O., THRISSUR.

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2. ANAS, AGED 22 YEARS, S/O RASHEED, PUTHIYAVEETTIL HOUSE,PERINGOTTUKARA P.O., THRISSUR.

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3. NRIPAN, AGED 24 YEARS,S/O CHANDRAN, PONNAMBALATH HOUSE,KIZHAKKUMMURY, PERINGOTTUKARA P.O.,THRISSUR.

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4. SACHIN K.B, AGED 22 YEARS,S/O BABU, KARAPARAMBIL HOUSE, KIZHAKKUMMURY, P.O.PERINGOTTUKARA,THRISSUR.

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BY ADV. SRI.C.A.ANOOP

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RESPONDENTS/COMPLAINANT:

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1. STATION HOUSE OFFICER, ANTHIKKAD POLICE STATION, THRISSUR- 680 641

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2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI -31

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R1 & R2 BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P. BHAVADASAN, J.

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- - - - B.A. No. 21 of 2013

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- - - - Dated this the 11^th day of January, 2013.

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ORDER

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The petitioners are accused Nos. 1, 2, 4 and 5 in Crime No.1568 of 2012 of Anthikkad Police Station, who are alleged to have committed offences punishable under Sections 143, 147, 148, 452, 341, 323, 324, 308 and 354 read with Section 149 I.P.C.

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The allegation against the petitioners is that on 10.12.2012 at 10.30 p.m., they trespassed into the house of the defacto complainant and assaulted him with dangerous weapons.

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The petitioners would say that they are innocent and have been falsely implicated with ulterior motive. At any rate, according to them, Section 308 I.P.C. has been incorporated with an intention to see that the petitioners are denied bail.

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B.A.21/2013.

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Learned Public Prosecutor opposed the application and pointed out that the investigation is at an infant stage.

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Even though it is pointed out by the learned counsel for the petitioners that some of the other accused are on bail, the nature of the allegations against the petitioners, the time at which the attack was made, the weapon used, the injury caused to the victim and the fact that investigation is still going on precludes this court from exercising the extraordinary jurisdiction in favour of the petitioners.

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This application is accordingly dismissed.

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However, if the petitioners are so advised, they may surrender before the Investigating Officer on or before 19.1.2013, who, after interrogation shall produce them before the JFCM court concerned, which court, on

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B.A.21/2013.

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applications for bail being moved by the petitioners shall dispose of the same in accordance with law.

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P. BHAVADASAN, JUDGE

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sb.

Adarsh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Adarsh 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

Statutes considered

Parties & counsel

Coram

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