The High Court of Kerala dismissed a bail application filed under Section 438 Cr.P.C. by two accused alleged to have caused grievous injury to a victim using a sword and iron rod. The court held the case was not fit for invocation of preventive bail jurisdiction.
The application for anticipatory bail [B.A. No. 1773 of 2015] is 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
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
Bail Appl..No. 1773 of 2015 ()
CRIME NO. 1935/2014 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT
PETITIONERS/ACCUSED NOS. 2 & 5 :
1. LAIJU V.L., AGED 24 YEARS, S/O.VIJAYAKUMAR, KADAMPATTU VEEDU, SHANKARAPURAM KOTTUKAL PO, KOLLAM DISTRICT.
2. PRASANTH T.P., AGED 23 YEARS, S/O.S.PREMACHANDRAN, KATTIKKAL THEKKATHIL VEEDU EZHIYAM P.O., ANCHAL, KOLLAM DISTRICT - 691 306.
BY ADVS.SRI.C.RAJENDRAN
SRI.K.R.RANJITH SMT.R.S.SREEVIDYA
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - -
B.A. No.1773 of 2015
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
offences under Sections 143, 147, 148, 341, 323, 324, 506 (2), 326 and 308 read with Section 149 of the Indian Penal Code.
co-accused assaulted the victim with a sword and iron rod causing fracture of his skull.
sustained depressed fracture of the right parietal bone. This makes probable the prosecution case that the attack was with a heavy weapon like a sword. The sword is a weapon which cannot be easily concealed. So all the accused knew that the accused concerned was armed with
a sword. This is not a fit case to invoke the jurisdiction of
this court under section 438 Cr.P.C.
2
B.A. No.1773 of 2015
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 the bail application under Section 438 Cr.P.C. should be allowed given the serious nature of the weapons used in the assault.
2 provisions across 2 enactments
Laiju V.L.
Prasanth T.P.
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
