Dismissed

Binu Kumar v. State of Kerala

Kerala HC22 Jun 2016Bail Appl./3500/2016

Case brief

AI extract

What is this about?

Single judge of Kerala HC dismissed pre-arrest bail application of 6th accused in case involving grievous hurt and attempt to murder, deeming him involved in several crimes. Liberty granted to surrender for pre-arrest bail consideration by Magistrate.

What did the court decide?

Petition for pre-arrest bail dismissed; liberty granted to surrender for further consideration by Magistrate.

Binu Kumar Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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WEDNESDAY, THE 22ND DAY OF JUNE 2016/1ST ASHADHA, 1938

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Bail Appl..No. 3500 of 2016

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CRIME NO. 1418/2016 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/6TH ACCUSED:

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BINU KUMAR, AGED 32 YEARS, S/O.SOMAN, NJATTADI VEEDU, MANTHOTTAM, ATHIYANNOOR, ARALUMOODU PO.

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BY ADV. SRI.R.GOPAN

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RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.

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2. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN 695 001.

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J. --------------------------------------B.A No. 3500 of 2016

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---------------------------------------

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Dated this the 22^nd day of June, 2016

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O R D E R

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The petitioner herein is the 6^th accused in Crime No.1418/2016 of the Neyyattinkara Police Station, registered under Sections 143, 147, 148, 149, 323, 324, 367, 394 and 307 of IPC.

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The prosecution case is that a gang of persons, including the petitioner herein assaulted the defacto complainant at about 4 pm. on 3.9.2015 and inflicted serious injuries on his body with dangerous weapons in an attempt on his life.

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On a perusal of the case diary I find that the complainant had sustained very serious injuries in the alleged incident, including fracture of skull. All the injuries were inflicted by the assailants on the head of the complainant. There is reason in to believe that they did so in an attempt on his life. The learned counsel submitted that the petitioner's name does not figure in the first information statement. But the prosecution records reveal that he was identified as one of the

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B.A No. 3500 of 2016

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identifiable persons mentioned in the FIR. The learned Public Prosecutor submitted that the petitioner herein is involved in so may crimes. Prima facie materials are there against him. I feel it not appropriate to release him immediately under Section 438 Cr.P.C. However, he can surrender before the investigating officer, if he so opts. After necessary interrogation the request for pre arrest bail can be considered by the learned Magistrate appropriately. Pre arrest bail as such cannot be granted in the given factual situation especially in view of the report that he is a person involved in so many crimes.

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In the result, this application for pre arrest bail is dismissed, however, giving liberty to the petitioner to surrender before the investigating officer, if he so opts.

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P.UBAID JUDGE

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Binu Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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