High Court at Ernakulam disposed of a bail application under Section 438 CrPC seeking pre-arrest bail. The court dismissed the application, finding no merit in the prayer as the allegations involved assault on police and damage to public property during violent protests.
Application for pre-arrest bail under Section 438 CrPC 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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 7TH DAY OF JUNE 2017/17TH JYAISHTA, 1939
Bail Appl..No. 1772 of 2017 () -------------------------------
AGAINST THE ORDER/JUDGMENT IN CMP 390/2017 of D.C & SESSIONS COURT, PALAKKAD DATED 25-02-2017 CRIME NO. 137/2017 OF KASABA POLICE STATION, PALAKKAD
PETITIONER(S)/ACCUSED NO 3 & 5:
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S)/STATE/COMPLAINANT:
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031 (CRIME NO 137/2017 OF KASABA POLICE STATION, PALAKKAD DISTRICT)
R BY PUBLIC PROSECUTOR, SMT. MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 0706-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SKS
RAJA VIJAYARAGHAVAN V., J
B.A. No. 1772 of 2017
Dated this the 7th day of June, 2017
ORDER
Crime No. 137 of 2017 of the Kasaba Police Station. The aforesaid crime has been registered alleging offences punishable under Sections 143, 147, 148, 332 and 333 of the IPC r/w Section 3(2)(e) of Prevention of Damages to Public Property Act, 1984.
B.A.No.1772 of 2017 2
Junction. They were armed with weapons like wooden sticks, granite stones etc. It appears that the agitation turned violent and they vented their ire on the Police officials, who were stationed there.
4.The prosecution specifically alleged that the petitioners herein had assaulted and caused physical hurt to the Police officers and deterred them from discharging their official duties. It is also alleged that they caused damage to the Police vehicle and caused a loss to the tune of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to the Government.
B.A.No.1772 of 2017 3
submissions. The case diary has been handed over for perusal. It paints a grave picture and shows the petitioners in poor light. Legitimate protest cannot ever lead to assault on law enforcement officers and destruction of public utilities and machineries. I find no merit in the prayer advanced by the petitioners .
This application is accordingly dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether pre-arrest bail should be granted to the accused persons facing charges under Sections 143, 147, 148, 332 and 333 IPC.
Whether legitimate protest can justify assault on law enforcement officers and destruction of public utilities.
3 provisions across 3 enactments
Madhu
Prasanth
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
