Single judge order dismissing an anticipatory bail petition filed by two accused persons alleged to have committed house trespass and grievous hurt. The court noted previous dismissal and non-compliance with surrender conditions.
Bail application dismissed; no anticipatory bail granted.
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
FRIDAY, THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936
Bail Appl..No. 7287 of 2014 ()
------------------------------CRIME NO. 2245/2013 OF CHENGANNOOR POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED - A1 AND A4:-:
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1. RAJESH, AGED 32 YEARS,
2. ANILKUMAR, AGED 38 YEARS, S/O.RAJAPPAN, ANANTHATTU VEEDU, PERSSERRY MURI,
BY ADV. SRI.P.V.DILEEP
RESPONDENT/COMPLAINANT:-:
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
B. KEMAL PASHA, J.
B.A. No.7287 of 2014
Dated this the 21st day of November, 2014
O R D E R
~ ~ ~ ~ ~ ~
Petition under Section 438 Cr.P.C.
No.2245/2013 of Chengannur Police Station registered for the offences punishable under Sections 452 and 324 read with Section 34 IPC.
along with the other accused, on 29.11.2013 at 11 p.m., committed house trespass into the house of the de facto complainant with steel rod and wooden pieces and A1 beat
the de facto complainant thrice on his head with the steel rod thereby causing injury. It is also alleged that A2 beat on
the head of the de facto complainant with another steel rod
BA.7287/2014
: 2 :
twice. The other members of the family were also severely attacked.
the learned Public Prosecutor and perused the report of the investigating officer.
BA.7287/2014
: 3 :
case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is dismissed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/21/11
// True Copy //
PA to Judge
2 issues framed by the court
Whether anticipatory bail can be granted to petitioners who were previously dismissed and failed to comply with surrender conditions.
Whether there has been any change of circumstances justifying the grant of bail considering the seriousness of the allegations.
1 provisions across 1 enactments
RAJESH
ANILKUMAR
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
