In this bail application, the Kerala High Court rejected the petitioner's claim for pre-arrest bail in a grave恶性 assault case involving weapon use and injuries due to the nature of allegations and ongoing investigation.
Pre-arrest bail application dismissed. Petitioner advised to surrender or approach the JFCM Court.
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 4TH DAY OF OCTOBER 2013/12TH ASWINA, 1935
Bail Appl..No. 6036 of 2013 ()
------------------------------(CRIME NUMBER NOT KNOWN OF KUNDARA POLICE STATION, KOLLAM DISTRICT)
PETITIONER/ACCUSED :
YOHANNAN MATHEW @ JOMON, AGED 28 YEARS, S/O.Y.MATHEW, KATTEYASSERIL, CHARAVILAMELETHIL, MULAVANA P.O., PUNNATHADAM, KUNDARA,KOLLAM.
BY ADV. SRI.D.AJITHKUMAR
RESPONDENTS/COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM- 691 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.BHAVADASAN, J.
O R D E R
The petitioner is the sole accused in Crime No.1765/2013 of Kundara Police Station who is alleged to have committed offences punishable under Sections 451, 294(b), 323, 324, 326, 354 of the Indian Penal Code.
B.A. No.6036/2013
-2-
Considering the nature of allegations against the petitioner, the manner in which the offence was committed, the weapons used, the injury suffered by the victim and also
B.A. No.6036/2013
-3-
the fact that the investigation is at an infant stage preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner.
The petition is accordingly dismissed.
However, if so advised, the petitioner may surrender
before the Investigating Officer on or before 11.10.2013, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for bail before the said court, the learned Magistrate shall consider and pass appropriate orders thereon in accordance with law, preferably on the date of surrender itself.
Sd/- P.BHAVADASAN JUDGE
ds
//True Copy//
P.A. To Judge
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail
1 provisions across 1 enactments
Yohannan Mathew @ Jomon
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
