The Kerala High Court rejected a pre-arrest bail application filed by the 2nd accused in a case involving affray and volontaire causing hurt. The court refused bail as the weapon used was not recovered and injuries were sustained by victims.
Application for bail dismissed; petitioner to be produced before Magistrate if arrested.
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 6TH DAY OF JUNE 2014/16TH JYAISHTA, 1936
Bail Appl..No. 2453 of 2014 ()
------------------------------CRIME NO. 797/2013 OF KASARAGOD POLICE STATION.
PETITIONER/2ND ACCUSED:
SANDEEP. K.R., AGED 30 YEARS, S/O.RAMAN, CHENNIKARA, NULLIPADY HOUSE, KASARAGOD TALUK, KASARAGOD DISTRICT-671 121.
BY ADVS.SRI.SANTHARAM.P., SMT.REKHA ARAVIND.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31, THROUGH S.H.O, KASARAGOD POLICE, KASARAGOD DISTRICT.
BY PUBLIC PROSECUTOR SMT.LALIZA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. No. 2453 of 2014
Dated this the 6th day of June 2014
O R D E R
Petitioner is the 2nd accused in Crime No.797 of 2013 of the Kasaragod Police station for the offences punishable under Secs.143, 147, 148, 323, 324 and 308 read with Sec.149 of the Indain Penal Code, apprehends arrest and has filed the application.
the FIS that two persons suffered injuries on their head.
Bail Appl. No. 2453 of 2014 2
The petitioner is said to have used iron rod. That weapon is not recovered. In the circumstances, request for pre arrest bail cannot be allowed.
11.04.2014 which stood valid only upto 24.04.2014. It is directed that incase the petitioner is arrested, he shall be produced before the Jurisdictional Magistrate as early as possible.
The application is disposed of as above.
Sd/- THOMAS P. JOSEPH JUDGE
NS
/ True Copy / P.A. To Judge
1 issue framed by the court
Whether bail should be granted to an accused who used an unrecovered iron rod to attack victims.
1 provisions across 1 enactments
Sandeep K.R.
State of Kerala
Thomas P Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
