The Court dismissed the bail application of two accused persons charged with offences under Sections 452, 323, 324, 326, and 307 IPC. The Court held that since the weapon of offence was not recovered, bail could not be granted at that stage.
Bail application dismissed; request for bail not allowed as the weapon of offence has not been recovered.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 11TH DAY OF FEBRUARY 2014/22ND MAGHA, 1935
Bail Appl..No. 784 of 2014 ()
CRIME NO. 1113/2013 OF SULTHAN.BATTERY POLICE STATION , WAYANAD
PETITIONER/ACCUSED 1&2:
BY ADV. SMT.VIJAYAKUMARI
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
smv
THOMAS P. JOSEPH, J.
=========================
Bail Application No.784 of 2014 ============================ Dated this the 11th February, 2014
O R D E R
Petitioners are accused 1 and 2 in Crime No. 1113 of 2013 of the Sulthan Bathery police station for the offences punishable under Secs.452, 323, 324, 326 and 307 r/w. Sec. 34 of the Penal Code, is in custody from 15.12.2013 and seek bail.
B.A No.784 of 2014
2
documents produced in the case contended that the de facto complainant is of bad character and that there are other cases also between the de facto complainant and the petitioners.
Application is dismissed.
Sd/-
THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
1 issue framed by the court
Whether bail can be allowed to the accused in a case involving assault with a deadly weapon where the weapon has not been recovered.
SHIJU @ KODALI SHIJU
BINU
STATE OF KERALA
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
