In a bail application for offences under various sections of the Penal Code and the Arms Act, the High Court of Kerala declined the request for pre-arrest bail due to the nature of allegations and weapon usage, directing the petitioners to surrender.
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 THOMAS P.JOSEPH
TUESDAY, THE 3RD DAY OF DECEMBER 2013/12TH AGRAHAYANA, 1935 Bail Appl..No. 7865 of 2013 () ------------------------------CRIME NO. 1576/2013 OF SAKTHIKULANGARA POLICE STATION, KOLLAM -----
PETITIONERS/ACCUSED NOS.1 TO 4 & 6 :
1. PRASAD @ SIVAPRASAD S/O.BHASKARAN PILLAI, BHAGAVATHIVILASAM, KUREEPUZHA B, SAKTHIKULANGARA, KOLLAM.
2. REMASH @ KOCHUKUTTAN S/O.THANKAPPAN ACHARY, SUMA BHAVANAM, KUREEPUZHA B, SAKTHIKULANGARA, KOLLAM.
3. MANU, S/O.MADHAVAN PILLAI, VADAKANAZHIKATHU THEKKATHIL KUREEPUZHA B, SAKTHIKULANGARA, KOLLAM.
4. MAHESH M, S/O.MADHAVAN PILLAI, VADAKANAZHIKATHU THEKKATHIL, KUREEPUZHA B, SAKTHIKULANGARA, KOLLAM.
5. PRAMODKUMAR, S/O.RAMABHADRAN PILLAI, VADAKANAZHIKATHU THEKKATHIL KUREEPUZHA B, SAKTHIKULANGARA, KOLLAM.
RESPONDENT/COMPLAINANT :
----------------------
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 682 031.
BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
THOMAS P. JOSEPH, J. ========================= Bail Application No. 7865 of 2013 ============================ Dated this the 3rd day of December, 2013
O R D E R
Petitioners are accused Nos. 1 to 4 and 6, in Crime No.1576 of 2013 of the Sakthikulangara police station for the offences punishable under Secs.143, 147, 148, 341, 294(b), 323, 324, 307 and 506(ii) r/w. Sec. 149 of the Penal Code and Sec.27(1) of the Arms Act , apprehend arrest and have filed this application.
B.A No. 7865 of 2013
2
Having regard to the nature of allegations made against the petitioners and the weapons used, the investigation required to be done and other relevant circumstances, I am inclined to think that request for pre-arrest bail cannot be allowed. The petitioners have either to surrender before the court concerned or before the investigating officer.
Application is disposed of with the above direction.
Sd/-
THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
2 issues framed by the court
Whether the request for pre-arrest bail should be allowed in a case involving offences under Sections 143, 147, 148, 341, 294(b), 323, 324, 307 and 506(ii) IPC read with Section 149 IPC and Section 27
Whether the use of deadly weapons and the nature of allegations preclude the grant of bail at this stage.
2 provisions across 2 enactments
PRASAD @ SIVAPRASAD
REMASH @ KOCHUKUTTAN
MANU
MAHESH M
PRAMODKUMAR
STATE OF KERALA
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
