The High Court of Kerala dismissed a bail application filed by accused Shalu T. and Anoop @ Charlie. The court held the case involved serious allegations of assault causing fractures, necessitating custodial interrogation. Pre-arrest bail was denied as it was not a fit case for discretionary relief.
Application for pre-arrest bail dismissed.
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
TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938
Bail Appl..No. 2691 of 2016
CRIME NO. 120/2016 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED 1 TO 3:
1. SHALU T., AGED 27 YEARS, S/O. THANKARAJA @ MEESA VINCENT, POONJAMCODE P.O, VADAKKUMKARA PUTHEN VEEDU, KATTACKODE P.O., KATTAKADA, THIRUVANANTHAPURAM.
2. ANOOP @ CHARLIE,
S/O. VIKRAMAN, AGED 22 YEARS, KUKKURUNI THEKKUMKARA PUTHEN VEEDU, KATTACKODE P.O. KATTAKKADA, THIRUVANANTHAPURAM.
BY ADV. SRI.THOUFEEK AHAMED
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THEPUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P.UBAID, J.
B.A.No. 2691 of 2016
ORDER
The petitioners herein seek pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 120 of 2016 of the Kattakada Police Station registered under Sections 341, 394(b), 323, 324, 326, 506 read with Section 34 of the Indian Penal Code. They are the accused Nos. 1 and 3.
B.A.No. 2691 of 2016
-2-
the proper and effective investigation.
In the result, this application for anticipatory bail is dismissed.
Sd/-
P.UBAID
JUDGE
ds
//True copy//
P.A. To Judge
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioners under Section 438 CrPC given the allegations of assault with weapons and serious injuries warranting custodial interrogation.
2 provisions across 2 enactments
SHALU T.
ANOOP @ CHARLIE
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
