The Kerala High Court dismissed a bail application filed by the sixth accused in a murder case involving the abetment of murder. The Court held that granting bail at the volatile stage would hamper further investigation.
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 SUNIL THOMAS
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
Bail Appl..No. 140 of 2016
CRIME NO.716/2013 OF BEKAL POLICE STATION, KASARGOD DISTRICT
PETITIONER(S)/ACCUSED NO.6:
MAJEED, AGED 39 YEARS, S/O.ANTHUP, MANGAD HOUSE, MANGAD, KASARGOD DISTRICT.
BY ADVS.SRI.SALIM V.S. SRI.H.NUJUMUDEEN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, BEKKAL POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
BY PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
SUNIL THOMAS, J.
B.A.No. 140 of 2016
Dated this the 18th day of January, 2016
ORDER
The petitioner arrayed as 6th accused in Crime No.716/2013 of Bekal Police Station for offences punishable under Sections 341, 302, 212 read with 34 of IPC.
have caused the murder of one Mr.Balakrishnan. After investigation final report is stated to have been filed. As against the petitioner herein, he and the 7th accused are alleged to have abetted the commission of crime for which the investigation is still progressing.
feel that granting of anticipatory bail at this stage may
B.A.No. 140 of 2016
2
hamper the further investigation. Hence the petition is accordingly dismissed.
Sd/- SUNIL THOMAS, JUDGE
//TRUE COPY// P.A. TO JUDGE
AD
1 issue framed by the court
Whether anticipatory bail should be granted to the sixth accused in a murder-case where investigation is still progressing and the case is at a volatile stage.
MAJEED
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
