A.I.L.NIA. The single judge dismissed the application for anticipatory bail, arguing the case was not fit for bail due to grave allegations and serious injuries sustained. The court directed the petitioner to surrender within ten days.
Dismissible; petitioner directed to surrender before the investigating officer within ten days from today.
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
TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936`
Bail Appl..No. 68 of 2015
CRIME NO. 315/2014 OF PERUVANNAMUZHI POLICE STATION , KOZHIKODE
PETITIONER(S)/2ND ACCUSED:
SATHEESAN, AGED 44 YEARS, S/O.KUNJIKANNAN NAIR, VENNILOTTU MEETTAL, PERAMBRA AMSOM, PILLAPERUVANNA DESOM, KOZHIKODE.
BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE
RESPONDENT(S)/ STATE & COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. SUB INSPECTOR OF POLICE, PERUVANNAMUZHI POLICE STATION- 688 496.
BY PUBLIC PROSECUTOR SMT..T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
B.KEMAL PASHA, J.
B.A.No.68 of 2015 C
ORDER
Petition under Section 438 Cr.P.C.
of Peruvannamuzhi police station registered for the offences punishable under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code.
stamped. It is also alleged that the petitioner took a granite stone and hit with him on his left knee, thereby causing the fracture of
his left patella.
B.A.68/2015
2
Public Prosecutor.
of the petitioner. The allegations against the petitioner are very grave and serious. It seems that the de-facto complainant has sustained very serious injuries. This is not a fit case wherein anticipatory bail can be granted. At the same time, no criminal antecedents have been reported against the petitioner. Considering the said aspect, I am of the view that while dismissing the application seeking bail, an opportunity can be granted to the petitioner to surrender before the investigating officer and to cooperate with the investigation.
In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case,
the investigating officer can interrogate the petitioner, effect
B.A.68/2015
3
recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such
case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
sd/
B.KEMAL PASHA, JUDGE
dl
// True Copy//
PA to Judge
B.A.68/2015 4
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving grave allegations of serious injury.
1 provisions across 1 enactments
SATHEESAN
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
