The High Court of Kerala dismissed a bail application filed under S.438 CrPC by the third accused in a rioting case involving unlawful assembly, assault, and theft, due to the gravity of allegations and serious injuries sustained by victims.
Application for pre-arrest bail under Section 438 CrPC 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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF JUNE 2016/19TH JYAISHTA, 1938
Bail Appl..No. 3429 of 2016 ()
------------------------------CRIME NO. 336/2016 OF OACHIRA POLICE STATION , KOLLAM DISTRICT
PETITIONER/ACCUSED NO.3:
AJMAL, AGED 20 YEARS, S/O.ABDUL LATHEEF, AJMAL MANZIL, KADATHOOR, K.S.PURAM VILLAGE, KARUNAGAPPALLY, KOLLAM.
BY ADVS. SRI.JOHN BRITTO SRI.C.A.RAJEEV
RESPONDENT :
STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V, J.
B.A.No.3429 of 2016
Dated this the 09th day of June, 2016
O R D E R
B.A.No.3429 of 2016 : 2 :
5.I is submitted by the learned counsel that the petitioner is quite innocent and he had merely gone to the nearby temple with his family members and he had no role to play in the incident. It is also contended that the petitioner had sustained some injuries in connection with the incident and he was admitted in the Taluk Head Quarters Hospital. Annexure 1 is the wound certificate relied on by the learned counsel to contend that the petitioner had injuries.
6.The learned Public Prosecutor vehemently opposed the contentions of the learned counsel. Referring to the wound certificate of the de facto complainant, it is submitted that the petitioner along with others had brutally assaulted the victims and the de facto complainant had sustained fractures to the left maxilla, fracture to the nasal bone and fracture to the left ulna and vitreous hemorrhage on the right side. It is also pointed out by the learned Public Prosecutor that the 1st accused
B.A.No.3429 of 2016 : 3 :
had approached this Court seeking pre arrest bail and as per order dated 26.04.2016 in B.A.No.2564/2016, this Court had refused his application.
The application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE.
Bb
[True copy]
P.A to Judge
1 issue framed by the court
Whether pre-arrest bail under S.438 CrPC should be granted where petitioner is accused in forming unlawful assembly with serious injuries to victims.
2 provisions across 2 enactments
Ajmal
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
