The Kerala High Court dismissed an anticipatory bail application filed by four accused students charged with causing a classmate to commit suicide. The court held that granting bail would frustrate the investigation into the suicide case.
Petition under Section 438 Cr.P.C. dismissed. Interim order vacated.
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 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937
Bail Appl..No. 2074 of 2015
CRIME NO. 92/2015 OF POTHUKAL POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:
1. ALWIN BASIL JOSE, AGED 21 YEARS, S/O.JOSE CHACKO, NETTADIYIL HOUSE, KIZHUMURI P.O. RAMAMANGALAM, ERNAKULAM DISTRICT.
2. AMAL MOHAN, AGED 21 YEARS, S/O.K.MOHANAN, ANUMODAYA HOUSE, CHATHAMMUNDA UPPADA P.O., CHUNGATHARA VIA, MALAPPURAM DISTRICT.
3. ANEES MAJEED, AGED 22 YEARS, S/O.MAJEED, ALAKUTHARA HOUSE, CHANDIROOR P.O. ALAPPUZHA DISTRICT.
4. AFSAL KABEER T.A., AGED 22 YEARS, S/O.KABEER, THEKKE THAZHAMANGALATH HOUSE, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT.
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
K. ABRAHAM MATHEW, J.
----------------------
Bail Appl. No.2074 of 2015
Dated this the 1st day of June 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
Nadu. One of their class mates or college mates committed suicide. The prosecution case is that he committed suicide because the petitioners subjected him to physical and mental torture raising some false allegations against him.
are not involved in the incident.
Bail Appl. No.2074 of 2015 2
investigation.
In the result, the bail application is dismissed.
The interim order passed by this Court is vacated.
Sd/-
K. ABRAHAM MATHEW
JUDGE
/ True Copy /
NS
P.A. To Judge
1 issue framed by the court
Whether an anticipatory bail application filed by accused students alleged of inducing a classmate to commit suicide via false allegations is maintainable.
1 provisions across 1 enactments
Alwin Basil Jose
Amal Mohan
Anees Majeed
Afsal Kabeer T.A.
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
