This Court dismissed an application for anticipatory bail filed by five accused persons facing charges of criminal intimidation, assault, and imposing unlawful interest, holding them not a fit case for bail.
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 B.KEMAL PASHA
WEDNESDAY, THE 17TH DAY OF DECEMBER 2014/26TH AGRAHAYANA, 1936
Bail Appl.No. 7275 of 2014
CRIME NO. 1626/2014 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM
PETITIONER(S)/ACCUSED:
1. GOPU C.K., AGED 49 YEARS, S/O KESAVANKUTTY NAIR, VITHONITHARAYIL, VILOONNI P.O., ARPUKARA.
2. SIBY G. JOHN, AGED 30 YEARS, S/O JOHN, GRACE COTTAGE, GANDHI NAGAR P.O., KOTTAYAM.
3. MIJESH P.S., AGED 30 YEARS, S/O SOMAN, PALAMOOTTIL HOSUE, THATTAKOM P.O., KOTTAYAM.
4. ANOOP VARGHESE, AGED 29 YEARS, S/O VARGHESE, PURAPPARAKUZHIYIL HOUSE, ATHIRAMPUZHA P.O., PAROLICKAL, KOTTAYAM.
5. CIJOMON JOY, AGED 28 YEARS, S/O JOY MATHEW, OTTAKKAPILMMAVUNKAL, AMALAGIRI P.O., KOTTAYAM.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S)/STATE:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (CRIME NO.1626/2014 OF KOTTAYAM, WEST POLICE STATION, KOTTAYAM DISTRICT.)
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Bail Appl.No. 7275 of 2014
2. STATION HOUSE OFFICER, KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT-686 001 (CRIME NO.1626/2014 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT)
BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B. KEMAL PASHA, J.
-------------------------------B.A.No.7275 OF 2014
Dated this the 17th day of December, 2014
O R D E R
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Petition under Section 438 Cr.P.C.
B.A.No.7275/2014
2
sword sticks towards the de facto complainant and his wife and beat, fisted and stamped the de facto complainant in the house by committing house trespass into it. The de facto complainant and his wife were severely abused.
B.A.No.7275/2014
3
relief of anticipatory bail can be granted to the petitioners.
In the result, this Bail Application is dismissed.
sd/-
B.KEMAL PASHA, JUDGE.
Ps/17/12/2014
//True copy//
PA to Judge
2 issues framed by the court
Whether discretionary anticipatory bail can be granted to the petitioners given the seriousness of allegations and their record.
Whether the petitioners are a fit case for anticipatory bail under Section 438 Cr.P.C.
Gopu C.K.
Siby G. John
Mijesh P.S.
Anoop Varghese
Cijomon Joy
State of Kerala
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
