The Kerala High Court dismissed a combined bail application filed by two sets of accused in a case involving sections 143, 147, 148, 323, 324, 307 and 149 of the IPC, reiterating they were in custody or in pre-arrest bail and dismissing both regular and anticipatory bail pleas.
Request for regular bail and anticipatory bail both dismissed.
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 THOMAS P.JOSEPH
FRIDAY, THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935
Bail Appl..No. 842 of 2014 (A)
[CRIME NO. 35/2014 OF KUMBLA POLICE STATION , KASARAGOD DISTRICT]
PETITIONERS/ACCUSED NO'S 1 & 6:
1. M.SANTHOSH @ SANTHU, AGED 29 YEARS, S/O.RAMASH GATTY, MAVINAKKATTA HOUSE, KUMBLA, KOIPADI VILLAGE, KASARAGOD DISTRICT.
2. MAHESH .K, AGED 28 YEARS, S/O.KODI GATTY, MAVINAKKATTA HOUSE, KOIPADI VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.K.P.HARISH.
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. THE STATION HOUSE OFFICER, (CRIME NO.35 OF 2014 OF KUMBLA POLICE STATION), KASARAGOD DISTRICT - 671 121.
BY PUBLIC PROSECUTOR SRI. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-02-2014, ALONG WITH B.A. NO.860/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. Nos.842 & 860 of 2014
Dated this the 7th day of February 2014
O R D E R
The applications arise from Crime No.35 of 2014 of the Kumbala Police station for the offences punishable under Secs.143, 147, 148, 323, 324 and 307 read with Sec.149 of the Indian Penal Code. B.A. No.842 of 2014 is filed by accused nos.1 and 6 for regular Bail. They are in custody from 16.01.2014. B.A. No.860 of 2014 is filed by accused nos.2,3 and 5 for pre-arrest bail.
Bail Appl. Nos.842 & 860 of 2014 2
considering the stage of investigation, request for regular bail cannot be allowed at this stage. Having regard to the relevant circumstances the request for anticipatory bail also cannot be allowed.
The applications are dismissed.
Sd/-
THOMAS P. JOSEPH JUDGE
/True Copy /
NS
P.A. To Judge
2 issues framed by the court
Whether the request for regular bail filed by accused nos.1 and 6 can be allowed at the current stage of investigation.
Whether the request for anticipatory bail filed by accused nos.2, 3 and 5 can be allowed considering the nature of allegations.
1 provisions across 1 enactments
M.Santhosh @ Santhu
Mahesh .K
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
