Rejected bail application under Section 438 Cr.P.C. for accused charged with assault and hurt, denying extraordinary jurisdiction due to allegations of assault, injuries caused, and accused's involvement in two other pending crimes involving IPC offences.
Request for pre-arrest bail under Section 438 Cr.P.C. is not allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 5TH DAY OF JUNE 2014/15TH JYAISHTA, 1936
Bail Appl..No. 2397 of 2014
CRIME NO. 348/2014 OF HOSDURG POLICE STATION , KASARGOD
PETITIONERS/ACCUSED 1 AND 2:
1. K.V.RAJAN, AGED 26 YEARS,
HOSDURG TALUK,
KASARAGOD DISTRICT.
2. SAJITH K.K., AGED 24 YEARS,
KANHANGAD SOUTH P.O, KANHANGAD VILLAGE,
KASARAGOD DISTRICT.
BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT/STATE:
THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
THOMAS P. JOSEPH, J
B.A.No.2397 of 2014
Dated this the 5th day of June, 2014
ORDER
Petitioners are accused 1 and 2 in Crime No.348 of 2014 of the Hosdurg Police Station for the offences punishable under Sections 341, 323, 324, 506(i) and 308 r/w Section 34 of the Indian Penal Code, apprehend arrest and have filed the application.
not true.
2
B.A.No.2397 of 2014
against the petitioners, investigation required to be done and considering the fact that the first petitioner is involved in two other crimes involving the offence under the Penal Code, I am inclined to think that the extraordinary jurisdiction under Section 438 of the Cr.P.C cannot be exercised in favour of the petitioners. Request for pre-arrest bail cannot be allowed.
It is directed that in case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of with the above direction.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS
/True Copy/
P.A. to Judge
2 issues framed by the court
Whether extraordinary jurisdiction under Section 438 of the Cr.P.C. can be exercised to grant bail to accused involved in alleged assault and assault causing hurt?
Whether bail can be granted given the petitioner's involvement in two other pending crimes?
2 provisions across 2 enactments
K.V.Rajan
Sajith K.K.
The State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
