This High Court of Kerala dismissed a bail application for two accused charged with injury and assault. The court held that inflicting serious facial injuries made it an unfit case for invoking anticipatory bail provisions, denying the requested relief.
Bail application dismissed; no anticipatory bail granted.
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 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
Bail Appl..No. 163 of 2016 ()
CRIME NO. 476/2015 OF THIRUVAMBADI POLICE STATION, KOZHIKODE DISTRICT
PETITIONERS/ACCUSED 1 & 2 :
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1. NASARUDHEEN M.U., AGED 33 YEARS, S/O.UNNIMOYIN, RESIDING AT MURINGATTUKUZHIYIL HOUSE, THIRUVAMBADY P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT.
2. MUHAMMED M.K., AGED 37 YEARS, S/O. UNNIMOYIN, RESIDING AT MURINGATTUKUZHIYIL HOUSE, THIRUVAMBADY P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT.
BY ADVS.SRI.T.MADHU
SRI.M.RAGHUKUMAR
RESPONDENT :
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THE STATE OF KERALA THROUGH THE STATION HOUSE OFFIICER, THIRUVAMBADI POLICE STATION, KOZHIKODE DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
SUNIL THOMAS, J.
B.A.No. 163 of 2016
Dated this the 25th day of January, 2016
ORDER
The petitioners are the accused nos. 1 and 2 in Crime No.476/2015 of Thiruvambadi Police Station for offence punishable under Sections 341, 323, 326 and 34 of IPC.
B.A.No. 163 of 2016 2
the nasal bone. There was an oedema over the dorsem of
the nose with a blood clotting. It is true that, the petitioners herein had also sustained an injury but it is subsequent to the present crime wherein, the petitioners herein are alleged to be the assailants. In the AnnexureA3 complaint, they relied to a previous incident that happened on 02.12.2015 in which the petitioners herein are stated to have been attacked by the de facto complainant. However, no crime seems to have been registered on that basis.
The bail application is accordingly dismissed.
Sd/- SUNIL THOMAS, JUDGE
AD
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the benefit of anticipatory bail under Section 438 Cr.P.C. should be granted to accused alleged to have inflicted serious injuries on the complainant's face.
1 provisions across 1 enactments
Nasarudheen M.U.
Muhammed M.K.
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
