This judgment dismisses a bail application filed under Section 439 CrPC by an accused charged with grievous hurt and attempt to murder. The High Court declined release due to pending investigation and the risk of obstruction.
Bail application dismissed; request for reconsideration deferred until major part of investigation concludes.
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. 3888 of 2016
CRIME NO. 1297/2016 OF KOTTIYAM POLICE STATION , KOLLAM DISTRICT
PETITIONER(S)/ACCUSED NO.2 :
JOSEPH @ PULLI @ JOSE, S/O.ABRAHAM, AGED 39 YEARS, EBI MANDIRAM , THAZHUTALA, KANNANALLOOR CHERRY, THAZHUTALA VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOTTIYAM, KOLLAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
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:
Msd.
P.UBAID, J. --------------------------------------B.A No. 3888 of 2016
---------------------------------------
Dated this the 10th day of June, 2016
O R D E R
The petitioner herein is the second accused in Crime No.1297/2016 of the Kottiyam Police Station, registered under Sections 341, 324 and 308 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate II, Kollam on 13.5.2016. The petitioner has been in judicial custody since 12.5.2016.
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B.A No. 3888 of 2016
reason to believe that such a very serious injury was inflicted on the chest of the victim in a calculated attempt on his life. However, fortunately, the victim escaped. The accused Nos.1 and 3 are yet to be arrested by the police. The petitioner does not have any explanation for the very serious injuries sustained by the victim in the alleged incident.
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B.A No. 3888 of 2016
The request for bail will be considered at a later stage when
major part of investigation is over.
In the result, this application for bail is dismissed.
Sd/P.UBAID JUDGE
//True Copy//
P.A to Judge
ab
2 issues framed by the court
Whether the petitioner accused under Section 302 IPC should be granted regular bail given pending investigation and risk of obstruction.
Whether the grounds for opposition to bail regarding investigation progress and danger to witnesses were sufficient to deny bail.
JOSEPH @ PULLI @ JOSE
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
