The court disposed of a bail application for two accused persons in a criminal case. After noting their previous bail rejections, it ordered that they surrender to the trial court within 10 days to seek bail consideration.
Petitioners allowed 10 days to surrender to the court below and move an appropriate bail application with notice to the prosecutor.
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
FRIDAY, THE 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938
Bail Appl..No. 6133 of 2016 ()
CRIME NO. 1590/2015 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM.
PETITIONERS/ACCUSED 1 AND 2:
1. SATHYA STEPHEN, S/O. KUNJAN NADAR, AGED 40 YEARS, ARYANKUZHI VEEDU, PLAVILA MOOLA, CHENKAL VILLAGE, NEYYATTINKARA TALUK.
2. SUNIL RAJ, S/O. RAJAPPAN, AGED 33 YEARS, KARAVAKUZHY VEEDU, PLAVILA MOOLA, CHENKAL VILLAGE, NEYYATTINKARA TALUK.
BY ADV. SRI.V.PREMCHAND.
RESPONDENTS/COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.
2. THE SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM-695 026.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
RAJA VIJAYARAGHAVAN.V., J
B.A. No. 6133 of 2016
ORDER
1.Accused Nos. 1 and 2 in Crime No. 1590 of 2015 of Parassala Police Station are the petitioners herein. It has to be mentioned at the outset itself that the previous applications seeking pre-arrest bail was dismissed by this Court as per orders dated 16.3.2016 and 20.7.2016 on various grounds.
2.It is submitted by the learned counsel that the main reason for dismissing the B.A.No. 1604 of 2016 was due to the fact that the petitioners were involved in Crime No.134 of 2016 as well. Annexure III order dated 5.8.2016 in B.A.No.5601 of 2016 is produced to contend that the petitioners herein have been granted pre-arrest bail in that case subject to conditions. According to the learned counsel, this aspect may also be considered and reliefs as prayed for be granted.
B.A. No. 6133 of 2016
-2-
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-19.8.16
1 issue framed by the court
Whether the petitioners should be allowed an opportunity to surrender and move an application for bail before the trial court.
SATHYA STEPHEN
SUNIL RAJ
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
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