The Court dismissed the bail application of Binukumar, accused of murder and attempted murder, due to strong opposition highlighting severe injury to the victim and high fear of witness tampering, noting the trial had not started.
The bail application was dismissed, and the accused was ordered to remain in custody.
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 N.K.BALAKRISHNAN
WEDNESDAY, THE 12TH DAY OF MARCH 2014/21ST PHALGUNA, 1935
Bail Appl..No. 1514 of 2014 (D)
AGAINST THE ORDER IN Bail Appl. 7869/2013 of HIGH COURT OF KERALA
AGAINST THE ORDER IN CMP 4985/2013 of SESSIONS COURT, ALAPPUZHA CRIME NO. 612/2013 OF KAREELAKULANGARA POLICE STATION , ALAPPUZHA
ACCUSED(S)/PETITIONER/ACCUSED:
BINUKUMAR AGED 37 YEARS
S/O VASUDEVAN, HARIVILASOM, MUTHUKULAM THEKKUM MURI MUTHUKULAM VILLAGE, PIN:690 506.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR SRI.K.JAGADEESH
COMPLAINANT(S)/RESPONDENGTS/STATE AND THE INVESTIGATING OFFICER:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. THE SUB INSPECTOR OF POLICE
BY PUBLIC PROSECUTOR SRI. C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
B.A. No. 1514 of 2014
Dated this the 12th day of March, 2014
O R D E R
The petitioner is the sole accused in Crime
No.612/2013 of Kareelakulangara Police Station who is alleged to have committed the offences punishable under sections 449, 294(b), 307 and 342 r/w 302 of IPC. The petitioner has been in custody since 21.07.2013.
B.A. No. 1514/2014
-2-
son aged only 4 years at the relevant time. His wife succumbed to the injuries.
so the petitioner may not be unnecessarily detained.
B.A. No. 1514/2014
-3-
counsel is that the case is likely to the delayed further.
The learned Magistrate will, after following the procedure prescribed, commit the case to the Court of Sessions at the earliest. After the case is committed, the learned Sessions Judge will try and dispose of the case without delay. The learned Magistrate will report compliance within one month from the date of receipt of this Order. The learned Sessions Judge will also report as to whether the case has been committed and has been received in that Court.
Sd/N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
Send copies of this Order to Judicial First Class Magistrate concerned and Sessions Judge.
2 issues framed by the court
Whether the evidence and circumstances warrant granting bail to the accused facing a murder charge?
Whether the apprehension of witness tampering justifies rejection of the bail application?
1 provisions across 1 enactments
Binukumar
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
