In BA No. 34 of 2016, Justice Sunil Thomas rejected the plea for pre-arrest bail for accused Nos. 4 & 5. The court dismissed the petition citing the gravity of the alleged assault, corresponding injuries, and weapons used.
The petition for pre-arrest bail was 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 SUNIL THOMAS
WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937
Bail Appl..No. 34 of 2016 ()
----------------------------CRIME NO. 2168/2015 OF PARAVOOR POLICE STATION, KOLLAM DISTRICT
PETITIONERS/ACCUSED 4 & 5:
1. ROY, S/O.ROBERT,AGED 24 YEARS PALLITHEKKATHIL, KALAKKODE P.O., POOTHAKKULAM, KOLLAM-691 302.
2. KOZHUPPU SHIJU @ SANTHOSH, S/O.SIVASANKARAN,AGED 32 YEARS,
KALLUVILA PADINJATTATHIL, KALAKKODE P.O., POOTHAKKULAM, KOLLAM-691 302.
BY ADV. SRI.G.BHAGAVAT SINGH
RESPONDENTS/STATE OF KERALA:
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN:682 031. (CRIME NO.2168/2015 OF PARAVOOR POLICE STATION, KOLLAM).
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
SUNIL THOMAS, J.
- - - - - - - - - - - - - - - - - - B.A. No. 34 of 2016
Dated this the 20th day of January, 2016
O R D E R
Petitioners are accused Nos. 4 & 5 in Crime No.2168 of 2015 of Paravoor Police station for offences punishable under
Sections 143,147,148,294(b),324,307,149 IPC.
B.A.No.34/2016
2
statement, body note indicates that injured had sustained injuries on the head and was bandaged . His left arm was put on plaster. Wound certificate indicates that he had sustained a deep laceration ventral aspect on forearm. There was a tendon injury and V shaped laceration of 1 x 1 c.m. and 8 x 1 c.m. on the scalp. Even in the wound certificate it is recorded that the group of persons had attacked him at 8.30. p.m. Accused 1 and 2 are alleged to have used sword and the petitioners herein have allegedly used iron rod. All the other accused are sought to be roped in with the aid of Section 149 IPC.
Sd/-
SUNIL THOMAS Judge
dpk
/true copy/ PS to Judge.
B.A.No.34/2016 3
1 issue framed by the court
Whether anticipatory bail can be granted when allegations include causing serious bodily injury with swords and iron rods.
1 provisions across 1 enactments
Roy
Kozhuppu Shiju @ Santhosh
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
