Court dismissed an application for anticipatory bail under Section 438 Cr.P.C. considering the petitioner a habitual offender involved in serious criminal cases, the gravity of allegations, and pending investigation. Bail deemed not a fit case to be granted.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed; relief of bail not 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
WEDNESDAY, THE 17TH DAY OF DECEMBER 2014/26TH AGRAHAYANA, 1936
Bail Appl..No. 8155 of 2014
CRIME NO. 558/2014 OF PERAVOOR POLICE STATION, KANNUR DISTRICT.
PETITIONER/IST ACCUSED:
ABHEESH KUMAR, S/O ASOKAN, AGED 36 YEARS, THAVARAYIL PANAYADA HOUSE, THETTUVAZHI, NEDUMPOYIL P.O, PERAVOOR, KANNUR
BY SRI.RENJITH THAMPAN (SENIOR ADVOCATE) ADV. SMT.P.R.REENA
RESPONDENT(S)/COMPLAINANT & STATE:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
2. THE SUB INSPECTOR OF POLICE, PERAVOOR POLICE STATION, KANNUR DISTRICT, PIN - 670673.
BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
B.KEMAL PASHA, J.
====================
B.A. No. 8155 of 2014
=====================
Dated this the 17th day of December, 2014
O R D E R
Petition filed under Section 438 Cr.P.C.
deadly weapons and attacked the defacto complainant. He was severely beaten up with iron rods, and thereafter he
B.A.No.8155 of 2014
-: 2 :-
was slapped and stamped.
In the result, this bail application is dismissed.
Sd/-
B. KEMAL PASHA JUDGE
DSV/17/12
// True Copy //
P.A. To Judge
B.A.No.8155 of 2014
-: 3 :-
1 issue framed by the court
Whether anticipatory bail can be granted to a habitual offender accused of grave offences involving rioting and using deadly weapons when investigation is pending.
3 provisions across 2 enactments
ABHEESH KUMAR
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
