The High Court of Kerala dismissed an application for anticipatory bail filed by a petitioner accused in a fatal assault case involving death by culpable homicide not amounting to murder. The court held it was not a fit case to grant relief given the prosecution case and evidence.
The application for anticipatory bail under Section 438 Cr.P.C. is dismissed.
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 K.ABRAHAM MATHEW
WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939
Bail Appl..No. 1550 of 2017 ()
------------------------------CRIME NO. 7/2017 OF SOORANAD POLICE STATION,KOLLAM DISTRICT
PETITIONER/4TH ACCUSED:
ANU, AGED 19, S/O AYAPPAN, ASHA BHAVAN, AANAYADI MURI, SOORANADU VILLAGE, KUNNATHOOR TALUK.
BY ADV. SRI.ARUN BABU
RESPONDENT(S)/COMPLAINANT/STATE :
1. KERALA STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. THE S.I. OF POLICE, SOORANADU POLICE STATION, SOORANADU.
BY PUBLIC PROSECUTOR SRI.SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.ABRAHAM MATHEW, J.
B.A.No.1550 of 2017
Dated this the 5th day of April, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
B.A.No.1550 of 2017
2
that accused 1 to 3 physically assaulted him and the petitioner stood guard to ensure that the deceased did not escape. Accused 1 to 3 are juveniles. The learned counsel submits that there is no evidence to connect the petitioner with the incident. The statement of an employee of the lodge in which the deceased was staying and the incident took place reveals the involvement of the petitioner. That apart, the statement made by the co-accused also reveals his involvement. This is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW, JUDGE
ln
/True copy/
P.A. to Judge
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused under Section 438 Cr.P.C. in a case registered under Section 174 Cr.P.C./Sections 304, 323, 326 IPC.
Whether there is sufficient evidence to connect the petitioner, who stood guard, with the assault that led to the death of the victim.
If this is a fit case for granting anticipatory bail.
1 provisions across 1 enactments
Anu
Kerala State
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
