The High Court of Kerala disposed of the bail application by directing the petitioner to approach the learned Magistrate for regular bail instead of granting anticipatory bail, as the alleged offense appears to be simple assault.
Direction to petitioner to approach the learned Magistrate 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
FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938
Bail Appl..No. 2760 of 2016
CRIME NO. 560/2016 OF PERAMANGALAM POLICE STATION, THRISSUR
PETITIONER(S)/ACCUSED:
KRISHNAKUMAR, S/O.SANKARAN NAIR, PUNNAKKATH HOUSE, THOLOOR P.O, THRISSUR.
BY ADVS.SRI.C.A.ANOOP SMT.C.K.REMANY
RESPONDENT(S):
1. STATION HOUSE OFFICER, PERAMANGALAM POLICE STATION, THRISSUR - 680 595.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.REMA .R.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P.UBAID, J. --------------------------------------B.A No. 2760 of 2016 ---------------------------------------
Dated this the 10th day of June, 2016
O R D E R
On the apprehension of arrest as accused in Crime No.560/2016 of the Peramangalam Police Station, registered under Sections 447, 341, 354 and 294B of the Indian Penal Code the petitioner seeks pre arrest bail.
grievance is that the brother-in-law trespassed into her property, abused her in filthy language and assaulted her. It is well settled that a mere assault on a woman will not come under Section 354 IPC. I feel it appropriate to direct the petitioner to approach the learned Magistrate and seek regular bail. What is prominently alleged is only an assault. For a prosecution under Section 354 IPC something more is required. The learned Magistrate will examine the case records and see whether this is in fact a case under Section 354 IPC or only a case of simple assault. Giving such liberty to the petitioner to approach the learned Magistrate and seek regular bail this application is disposed of.
ab
Sd/- P.UBAID JUDGE
//True Copy//
1 issue framed by the court
Whether to grant anticipatory bail on the grounds of mere assault allegation under Section 354 IPC.
1 provisions across 1 enactments
KRISHNAKUMAR
STATION HOUSE OFFICER, PERAMANGALAM POLICE STATION, THRISSUR
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
