The High Court dismissed a pre-arrest bail application filed by an accused charged under IPC Sections 376, 420, and 506(1). The Court held that the gravity of allegations warranted continued investigation.
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
MONDAY, THE 14TH DAY OF JANUARY 2013/24TH POUSHA 1934
Bail Appl..No. 61 of 2013 ()
(CRIME NO. 583/2012 OF PULPALLI POLICE STATION, WAYANAD DISTRICT)
PETITIONER/ACCUSED :
JAYESH GOPINATH, AGED 34 YEARS JAYA NIVAS, PULPALLI P.O. SULTHAN BATHERY.
BY ADV. SRI.JOHN VARGHESE
RESPONDNETS/STATE AND COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- PIN:682031.
2. THE CIRCLE INSPECTOR OF POLICE, PULPALLI POLICE STATION, PULPALLI P.O., WAYANAD-673 579.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
P.BHAVADASAN, J.
B.A. No.61 of 2013
Dated this the 14th day of January, 2013
ORDER
The petitioner stands accused of having committed the offences punishable under Sections 376, 420 and 506(1) of IPC.
B.A.No.61/2013 :2:
subjected to such acts without any foundation. Considering the nature of allegations, gravity of offences, manner in which offences are committed and the fact that investigation is at an infant stage, preclude this Court from exercising the extraordinary jurisdiction in favour of the petitioner. The petition is devoid of merits. It is accordingly dismissed.
P.BHAVADASAN, Judge.
okb.
2 issues framed by the court
Whether pre-arrest bail can be granted to the accused charged with offenses under Sections 376, 420 and 506(1) IPC.
Whether the nature of allegations and gravity of offenses preclude exercising jurisdiction for pre-arrest bail.
1 provisions across 1 enactments
JAYESH GOPINATH
STATE OF KERALA
P.BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
