This judgment dismisses an application for pre-arrest bail in a case alleging unlawful assembly and attempted murder. The court held the allegations were serious and extraordinary relief was not warranted, though surrender for regular bail remains an option.
Application for anticipatory bail dismissed. Option to surrender for regular bail remains.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
Bail Appl..No. 127 of 2016
CRIME NO. 2804/2015 OF KOTTARAKKARA POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED:-:
ANEESH, AGED 32 YEARS, VILANGARA, VILANGARA MURI, KOTARAKARA, KOLLAM.
BY ADV. SRI.SYAM J SAM
RESPONDENT(S)/COMPLAINANT:-:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
RAJA VIJAYARAGHAVAN.V., J
B.A. 127 of 2016
Dated 25th January, 2016
ORDER
438 of the Code of Criminal Procedure.
B.A.127/16
2
as well as the learned Public Prosecutor.
B.A.127/16
3
before the Investigating Officer or the learned Magistrate and seek for regular bail shall remain unfettered. If the petitioner so appears and applies for bail, the learned Magistrate shall proceed to pass appropriate orders on merit, in accordance with law and expeditiously.
Sd/RAJA VIJAYARAGHAVAN.V. Judge
Mrcs/25.1.2016
//True Copy//
P.S To Judge
2 issues framed by the court
Whether anticipatory bail should be granted given the serious nature of the allegations involving political violence and potential serious injuries.
Whether the petitioner's claim of no overt act warranting custodial interrogation is sufficient to grant bail.
2 provisions across 2 enactments
ANEESH
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
