Bail application filed by a third accused in a snatching case involving a knife and serious loss of property was dismissed. The court held that the allegations are grave and the investigation is incomplete, making the petitioner ineligible for bail.
Bail application dismissed; petitioner held in custody.
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
THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936
Bail Appl.No. 154 of 2015
CRIME NO. 1678/2014 OF MARADU POLICE STATION, ERNAKULAM
PETITIONER(S):
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BAIJU P.X., AGED 28, S/O.XAVIER, PULLUPARAMBIL HOUSE, MARADU, ERNAKULAM DISTRICT.
BY ADV. SRI.SHERRY J. THOMAS
RESPONDENT(S):
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STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
B.KEMAL PASHA, J.
B.A. No.154 OF 2015
............................................................... Dated this the 15th day of January, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
No.1678/2014 of the Maradu Police Station, Ernakulam registered for the offence punishable under Section 394 read with Section 34 of the Indian Penal Code.
away by them by keeping the defacto complainant at knife point. When the defacto complainant attempted to resist, he
B.A.No.154 of 2015
-: 2 :-
was severely beaten up and they took away three mobile phones, lap top and a purse containing an amount of ₹15,000/- etc. belonging to the defacto complainant from the room, and the petitioner along with the other accused swiftly decamped with the booty. The petitioner has been in custody for the period from 03.12.2014 onwards.
In the result, this Bail Application is dismissed.
Sd/- B.KEMAL PASHA, JUDGE
B.A.No.154 of 2015
-: 3 :-
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether the petitioner is entitled to be enlarged on bail in a criminal case involving serious allegations of snatching with a knife where investigation is pending.
Whether the gravity of the allegations and the present stage of investigation preclude the granting of bail.
1 provisions across 1 enactments
BAIJU P.X.
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
