This single-paragraph order dismissed an anticipatory bail application filed by two accused persons convicted of offences including grievous hurt and assault. The court inferred that the prosecution case was true based on severe injuries sustained by the victim.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 15TH DAY OF MARCH 2017/24TH PHALGUNA, 1938
Bail Appl..No. 1090 of 2017 ()
CRIME NO.1911/2016 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S):
1. STEPHEN, AGED 59 YEARS, S/O.PREM, T.C.78/604, PALKULANGARA HOUSE, KANNANTHURA, BEACH P.O., THIRUVANANTHAPURAM-7
2. JOHN, AGED 49 YEARS, S/O.MARTIN, THYVILAKAM PURAYIDON, KANNANTHURA, BEACH P.O., THIRUVANANTHAPURAM-7
BY ADVS.SRI.BLAZE K.JOSE
SMT.RESHMA G.MENON SRI.O.U.ANISH RAJ
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031, REPRESENTING SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM, PIN-695007.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SKG
K.ABRAHAM MATHEW, J.
B.A.No. 1090 of 2017
Dated this the 15th day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
is false and there was only a scuffle and the petitioners also sustained injuries.
Public Prosecutor.
sustained fracture of the lateral wall of the right orbit and the right 5th metacarpal apart from some other injuries. He could not stand on his left foot. His wife sustained two lacerated injuries, one on the scalp; it was of an extensive one. These injuries indicate that the prosecution case may be
B.A.No. 1090 of 2017 2
true. The documents produced by the petitioners to prove that they also sustained injuries cannot be accepted. The first petitioner went to hospital on the next day of occurrence at 10.00 a.m. One of his teeth was found broken. The other petitioner had a lacerated wound on his scalp, the size of which is not known. This is not a fit case to grant anticipatory bail.
In the result, this Bail Application is dismissed. Learned counsel for the petitioners submits that the petitioners will surrender before the investigating officer they may do so if they are so advised.
K.ABRAHAM MATHEW JUDGE
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2 issues framed by the court
Whether anticipatory bail should be granted to accused persons in a case involving grievous hurt and assault.
Whether injuries sustained by the petitioner constitute a fit case for granting anticipatory bail.
1 provisions across 1 enactments
STEPHEN
JOHN
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
