In a bail application under Sections 447, 341, 323, 324, 326, 506, 354 and 308 IPC read with Section 34, the court held that the serious allegations, including dragging the victim by hair and hacking with a chopper, were sufficient to deny pre-arrest bail. The petition was dismissed.
The bail petition was dismissed, denying the accused pre-arrest 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 N.K.BALAKRISHNAN
FRIDAY, THE 14TH DAY OF FEBRUARY 2014/25TH MAGHA, 1935
Bail Appl..No. 840 of 2014 ()
-----------------------------CRIME NO.108/2014 OF MALA POLICE STATION, THRISSUR
PETITIONER/ACCUSED :-
DAVIS AGED 50 YEARS S/O. DEVASSIKUTTY, THACHIL KANNAYI HOUSE PUTHENCHIRA DESOM, PUTHENCHIRA VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADV. SRI.A.C.DEVY
RESPONDENT/COMPLAINANT :-
STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. No.840 of 2014
Dated this the 14th day of February 2014
O R D E R
Petitioner is the accused in Crime No.108/2014 of Mala Police Station. The offences alleged against him are punishable under Secs.447, 341, 323, 324, 326, 506(ii), 354 and 308 r/w 34 IPC.
B.A. No.840 of 2014
-: 2 :-
her left hand. When the husband (complainant) tried to intervene, he was also attacked by the accused with the very same chopper, as a result of which, he also sustained injury on his head. The serious allegations itself are sufficient to deny the pre-arrest bail sought for by the accused. I find absolutely no reason to entertain this petition.
It is hence, dismissed.
Sd/N.K.BALAKRISHNAN,
JUDGE.
//True Copy//
P.A. To Judge
Jvt
3 issues framed by the court
Whether pre-arrest bail should be granted to the accused facing serious allegations including assault and attempted murder.
Whether the gravity of the allegations against the accused warrants a denial of bail.
Whether the court should entertain a bail petition when the accused is accused of dragging the victim by hair and hacking with a weapon.
1 provisions across 1 enactments
DAVIS
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
