The High Court of Kerala dismissed the petitioners' application for pre-arrest bail due to recovered weapons not being recovered. Instead, the court directed surrender for interrogation and outlined procedures for bail application upon arrest.
Pre-arrest bail refused; directions issued for surrender and cooperation with investigation.
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
FRIDAY, THE 23RD DAY OF MAY 2014/2ND JYAISHTA, 1936
Bail Appl..No. 2447 of 2014
CRIME NO. 203/2014 OF VELLARADA POLICE STATION , THIRUVANANDAPURAM
PETITIONERS/A1 TO 3:
1. STEAPHEN, AGED 60 YEARS, S/O. PONNU NADAR, USHUS, VALIYAVILA, KORANAMKODE DESOM, ANAVOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
2. BALASUNDER RAJ @ RAJU, AGED 46 YEARS, S/O. PONNU NADAR, B.S.NIVAS, PERIMBAKONAM, PALIYODU, ANAVOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
3. SHOBANAN, AGED 51 YEARS, S/O. PONNU NADAR, THARA NIVAS, PALIYODU, ANAVOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.NARAYANAN
RESPONDENT(S) :
STATE OF KERALA, THROUGH STATION HOUSE OFFICER, VELLARADA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
THOMAS P. JOSEPH, J.
-------------------------------Bail Appl. No.2447 of 2014
Dated this the 23rd day of May 2014
O R D E R
Petitioners are accused nos.1 to 3 in Crime
No.203 of 2014 of the Vellarada Police station for the
offences punishable under Secs.143, 147, 148, 294(b), 324 and 326 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application.
application. It is submitted that on 27.02.2014, the petitioners attacked the defacto complainant with deadly weapons and voluntarily caused death/grievous hurt to him. It is also submitted that the weapons are not recovered.
allegations are not true. The defacto complainant and the petitioners are relatives. There are civil suits between them. The defacto complainant demolished a portion of the building of the 1st petitioner. Defacto complainant who is a karate expert attacked the 1st petitioner.
Bail Appl. No.2447 of 2014 2
The application is disposed of as under:
Bail Appl. No.2447 of 2014 3
petitioners to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
Sd/-
THOMAS P. JOSEPH JUDGE
/True Copy /
P.A. To Judge
NS
3 issues framed by the court
Whether pre-arrest bail should be allowed in a case involving voluntary causing of death/grievous hurt with deadly weapons that remain unrecovered.
What directions should be issued to the petitioners regarding their surrender and cooperation with the investigation.
Whether the unrecoverable nature of the weapons precludes the grant of pre-arrest bail.
1 provisions across 1 enactments
Stephens, Palasunder Raj @ Raju, Shobanan
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
