Bail application by the first accused in a case of ragging-related grievous hurt was dismissed. The court held investigation incomplete and noted risk of witness tampering due to another grave offence
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938 Bail Appl..No. 7552 of 2016 ()
CRIME NO. 731/2016 OF CHERPULASSERY POLICE STATION , PALAKKAD
PETITIONER/IST ACCUSED:
KAJAMOIDEEN, AGED 20 YEARS, S/O. ABDU SALAM, CHATHAMKULAM HOUSE, P.O. VALLAPPUZHA, PALAKKAD DISTRICT.
BY ADVS.SRI.P.JAYARAM SRI.P.V.JEEVESH
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.
BY PUBLIC PROSECUTOR, SHRI RAMESH CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-102016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
Bail Application No.7552 of 2016
O R D E R
The petitioner is the first accused in Crime No.731 of
2016 of Cherupulassery Police Station registered for the offence under Sections 323, 324, 326 and 506 read with Section 34 I.P.C. and Section 4 of the Kerala Prohibition of Ragging Act.
student of the same college. The petitioner and the other
B.A.7552/2016
: 2 :
accused voluntarily caused grievous hurt on him by beating
and kicking him with shoes.
ever since he has been in custody.
application.
petitioner is also involved in another offence of grave
nature, submitted by the learned Public Prosecutor. In the
said case, the petitioner is not on bail. Since the petitioner
is also involved in another offence of grave nature, if the petitioner is released on bail at this stage, there is likelihood that the petitioner will intimidate and influence
B.A.7552/2016
: 3 :
the witnesses and thereby tamper with the investigation.
Considering the nature and gravity of the allegations raised
against the petitioner, I am not inclined to grant bail to the petitioner at this stage.
In the result, this application stands dismissed.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
dl/25.10..2016
// True Copy //
PA to Judge
1 issue framed by the court
Whether bail should be granted to the first accused in a crime involving grievous hurt and ragging officenses.
Kajamoideen
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
