The High Court at Ernakulam denied pre-arrest bail to five accused in an assault case involving grievous injury with an iron pipe. The court directed them to surrender for regular bail before the Magistrate.
Bail denied; petitioners directed to surrender and apply for regular bail.
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 P.UBAID
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
Bail Appl..No. 1788 of 2016 ()
CRIME NO. 272/2016 OF CHEVAYUR POLICE STATION, KOZHIKODE.
PETITIONER(S)/ACCUSED :
1. SHAIJITH.T, S/O.PURUSHOTHAMAN P.M., AGED 33 YEARS, PATHARI HOUSE, VENGERI, CHEVAYOOR, KOZHIKODE DISTRICT.
2. JIMESH, S/O.GOPINATHAN, AGED 32 YEARS, KATHIKULANGARA HOUSE, KARUVISSERY, CHEVAYOOR, KOZHIKODE DISTRICT.
3. AKHIL M., S/O.BHARATHAN, AGED 29 YEARS, MAKKOOTTATHIL HOUSE, KARUVISSERY, CHEVAYOOR, KOZHIKODE DISTRICT.
4. RAKESH, S/O.REGHU, AGED 29 YEARS, KANNANKUTTY VAYAL HOUSE, KARUVISSERY, CHEVAYOOR, KOZHIKODE DISTRICT.
5. HYNESH, S/O. DINESAN, AGED 29 YEARS, CHELOOR HOUSE, KAKKODI, KOZHIKODE DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT(S)/STATE & COMPLAINANT:
BY PUBLIC PROSECUTOR SMT.REMA.R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P. UBAID, J.
B.A.Nos.1788 of 2016
Dated this the 26th day of May, 2016
The petitioners herein are the five accused in Crime No.272/2016 of the Chevayoor Police Station, registered under Sections 143, 147, 148, 448 and 307 read with 149 IPC. They seek pre-arrest bail. Pending the proceeding, the accused Nos.1
and 4 surrendered before the learned Magistrate having jurisdiction. Now, it is submitted that they are on bail.
grant pre-arrest bail to the petitioners. They will have to surrender before the learned Magistrate having jurisdiction and make application for regular bail. Whether their custodial interrogation is absolutely necessary or not, will be decided by the learned Magistrate, and appropriate decision as regards
2
B.A.Nos.1788 of 2016
request for bail can be taken. The petitioners are also ready to surrender before the learned Magistrate.
In the above circumstance, the application is closed, giving liberty to the petitioners 2,3, and 5 to surrender before the learned Magistrate having jurisdiction, and to make application for regular bail.
Sd/P. UBAID, JUDGE
sd
// True Copy //
P.A.to Judge
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioners accused of assault and attempted murder.
2 provisions across 1 enactments
SHAIJITH.T
JIMESH
AKHIL M.
RAKESH
HYNESH
THE STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
