The High Court of Kerala, disallowing anticipatory bail to the petitioner accused of assaulting a victim causing serious head injuries, held that there was a prima facie case and dismissed the application under Section 438 Cr.P.C.
Anticipatory bail application under Section 438 Cr.P.C. was 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 K.ABRAHAM MATHEW
WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937
Bail Appl..No. 1046 of 2015 ()
CRIME NO. 1863/2014 OF ETTUMANOOR POLICE STATION,KOTTAYAM DISTRICT
PETITIONER/2ND ACCUSED :
JAYACHANDRAN, AGED 42 YEARS, S/O.V.N.GOPI, KALAPPURACHAL HOUSE, PEROOR.P.O., KOTTAYAM.
BY ADV. SRI.D.ARUN GEORGE
RESPONDENT(S)/COMPLAINANT/STATE :
1. THE SUB INSPECTOR OF POLICE, EATTUMANOOR POLICE STATION, KOTTAYAM DISTRICT-686 631.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
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B.A. No.1046 of 2015
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Dated this the 3rd day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
under Sections 294(b) 323, 324 and 452 read with Section 34 of Indian Penal Code.
accused assaulted the victim with a piece of fire wood causing very serious injuries to him.
where he was operated upon for the injuries sustained on the head. It appears that the fire wood used was a very heavy one. There is a prima facie case against the petitioner. It is not proper to grant him anticipatory bail.
In the result, this application is dismissed.
sd/-
K. ABRAHAM MATHEW JUDGE
R.AV
//True Copy//
PA to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to an accused alleged to have committed offences under Sections 294(b), 323, 324 and 452 read with Section 34 of the Indian Penal Code.
2 provisions across 2 enactments
JAYACHANDRAN
STATE
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
