Four accused petitioned for bail alleging false implication in an assault case. The Court dismissed the application, noting the serious nature of the charges and the ongoing investigation, and directed surrender for interrogation.
Bail application dismissed; accused directed to surrender for interrogation by 10.10.2013.
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
THURSDAY, THE 3RD DAY OF OCTOBER 2013/11TH ASWINA, 1935
Bail Appl..No. 6292 of 2013 (E)
[CRIME NO. 301/2013 OF DEVIKULAM POLICE STATION , IDUKKI DISTRICT]
PETITIONERS/ACCUSED:
1. R.ANBURAJ, AGED 47 YEARS, S/O. RATHINAM, ROOM NO. 3, 6 ROOM LAYAM KULAMANGA, CHOKANAD ESTATE, K.D.H VILLAGE, IDUKKI.
2. BHAGYAMANI, AGED 53 YEARS, S/O. PALAIAL, KULAMANGA, CHOKANAD ESTATE, K.D.H VILLAGE, IDUKKI.
3. GEORGE, AGED 46 YEARS, S/O. RATHINAM, KULAMANGA, CHOKANAD ESTATE, K.D.H VILLAGE, IDUKKI.
4. PAULRAJ, AGED 24 YEARS, S/O. BYAGYAMANI, KULAMANGA, CHOKANAD ESTATE, K.D.H VILLAGE, IDUKKI.
BY ADVS.SRI.SHAIJAN C.GEORGE, SMT.REKHA .S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPD. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. P. MAYA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
P.BHAVADASAN, J.
Bail Application No.6292 OF 2013
Dated this the 3rd day of October, 2013.
O R D E R
The petitioners are accused in Crime No.301/2013 of Devikulam Police Station who are alleged to have committed the offences punishable under Sections 143, 147, 148, 452, 324, 427 read with Section 149 of Indian Penal Code. The allegation against the petitioners is that they in furtherance of their common object, trespassed into the house of the de facto complainant and caused injuries to her using dangerous weapons.
B.A. No.6292/2013
2
stabbed the daughter of the 1st petitioner that the petitioners are arrayed as accused in the case. It is further pointed out that the incident in which the daughter of the 1st petitioner was involved had occurred at 5.15 p.m and the alleged incident in this case had occurred at 5.30 p.m which shows the improbability since in all probability, the focus would be in taking the victim to hospital. It is therefore contended that the petitioners are innocent. They therefore seek pre arrest bail.
B.A. No.6292/2013
3
incident in which the daughter of the 1st petitioner injured. As per the allegations, the petitioners trespassed into the house of the de facto complainant and attacked her using dangerous weapons. A probe into the veracity of the allegations is not warranted at this point of time.
However, if the petitioners are so advised, they may surrender before the Investigating Officer on or before 10.10.2013 who, after interrogation, shall produce them before the Court concerned who, on an application of bail being moved by the petitioners, shall dispose of the same in accordance with law, preferably on the same day itself.
Sd/-
P.BHAVADASAN JUDGE
smp
2 issues framed by the court
Whether the accused are entitled to pre-arrest bail in offences involving assault with dangerous weapons and communal disorder.
Whether the existence of a separate prior stabbing incident involving a close relative justifies the current charge against the petitioners.
1 provisions across 1 enactments
R.ANBURAJ
BHAGYAMANI
GEORGE
PAULRAJ
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
