The Court held that pre-arrest bail could not be granted in a case alleging politically motivated attack involving serious offences. Petitioners were directed that if arrested, they may apply for regular bail to the jurisdictional magistrate.
Pre-arrest bail denied; petitioners directed to approach jurisdictional magistrate for regular bail upon arrest.
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 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936
BAIL APPL..NO. 2371 OF 2014 ()
CRIME NO. 165/2014 OF KOIPURAM POLICE STATION , PATHANAMTITTA
PETITIONER(S)/PETITIONERS/ACCUSED NO. 1 TO 7:
1. ABHILASH AGED 24 YEARS S/O.ACHUTHAN, ALUMTHARA LAKSHAM VEEDU COLONY, PULLAD THIRUVALLA.
2. PHINNY AGED 25 YEARS S/O.MANU, ELAVUNIKUNATHIL, AREEKUZHIKKAL PULLAD, THIRUVALLA.
3. ARUN KUMAR AGED 27 YEARS S/O.NARAYANAN, MURUTHIL VEEDU, PULLAD THIRUVALLA.
4. RENJITH AGED 32 YEARS S/O.P.J.CHACKO, PARACKAL VEEDU, PULLAD THIRUVALLA.
5. SHIJO @ SHIJO ABRAHAM AGED 24 YEARS PULIPRA, VENNIKULAM, PULLAD THIRUVALLA.
6. VINOD @ AJITH KUMAR AGED 32 YEARS S/O.RAGHAVAN, THATHAKUZHI, PULLAD THIRUVALLA.
7. ANEESH AGED 27 YEARS S/O.RAGHAVAN, THATHAKUZHI, PULLAD THIRUVALLA.
BY ADVS.SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S.
BAIL APPL..NO. 2371 OF 2014 ()
RESPONDENT(S)/RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, 682031.
2. THE SUB INSPECTOR OF POLICE KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT 689645.
BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
====================================
B.A. No.2731 of 2014
====================================
Dated this the 10th day of June, 2014
O R D E R
Petitioners are accused in Crime No.165 of 2014 of the Koipuram Police Station for the offences punishable under Sections 143, 147, 148, 324, 307 and 427 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
B.A. No. 2371 of 2014
-: 2 :-
Court for a direction to dispose of the application for bail on the date of surrender itself. This Court disposed of that application by order dated 21.03.2014.
THOMAS P. JOSEPH, JUDGE.
vsv
1 issue framed by the court
Whether a request for pre-arrest bail can be allowed given the circumstances of the case.
ABHILASH
PHINNY
ARUN KUMAR
RENJITH
SHIJO @ SHIJO ABRAHAM
VINOD @ AJITH KUMAR
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
