This bail application was dismissed by the Kerala High Court as anticipatory bail would hinder the recovery of the alleged weapon used in the assault.
Anticipatory bail denied; bail application dismissed. The weapon has not been recovered.
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
MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 19372
Bail Appl..No. 2055 of 2015 ()
------------------------------CRIME NO. 139/2015 OF ENATHU POLICE STATION,PATHANAMTHITTA DISTRICT
PETITIONER/ACCUSED:
BAINU BABY, AGED 27 YEARS, S/O.LATE BABY, BAIJU BHAVAN, PAZHAKULAM P.O., PAZHAKULAM KIZHAKETHU MURI, PERINGANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA.
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENT/COMPLAINT:
STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
............................................
B.A. No. 2055 of 2015
............................................... Dated this the 25th day of May, 2015
O R D E R
Petitioner is the accused in Crime No. 139 of 2015 of Enathu Police Station registered for the offences under sections 294(b), 326 and 506(1) of IPC. The accusation is that at the market the petitioner uttered obscene words threatened to cause the death of the victim and assaulted him with a stone causing several injuries including fracture of the bone.
B.A. No. 2055 of 2015
::2::
which paved the way for the incident. The weapon has so far not been recovered. If the petitioner is granted anticipatory bail, recovery will become impossible. So I am not inclined to grant anticipatory bail.
In the result, this application is dismissed.
Sd/-
K. ABRAHAM MATHEW JUDGE
DST
//True Copy//
P.A. o Judge
1 issue framed by the court
Whether anticipatory bail should be granted in a case of obscene utterance, threat to cause death, and assault causing fracture.
Bainu Baby
State
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
