Court dismissed a bail application for serious offence (IPC 324) noting petitioner absconded since 2014. Denied pre-arrest bail but allowed surrender within 3 weeks for investigation.
Application for anticipatory bail dismissed. Particular permission granted to surrender within 3 weeks for investigation.
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
THURSDAY, THE 13TH DAY OF JULY 2017/22ND ASHADHA, 1939 Bail Appl..No. 1832 of 2017 ()
CRIME NO. 1229/2014 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA
PETITIONER:
VINODKUMAR, S/O.GOPINATHAN NAIR, VAISHNAVAM HOUSE, AIMALY MURI, OMALLUR VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS.SMT.P.DEEPTHI SRI.SABU JOHN
RESPONDENT:
THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
BY PUBLIC PROSECUTOR SMT.MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VPS
RAJA VIJAYARAGHAVAN V., J
B.A. No.1832 of 2017
Dated this the 13th day of July, 2017
ORDER
of the Pathanamthitta Police Station, registered alleging offence punishable under section 324 of the IPC.
serious injuries were inflicted by the petitioner and he has
BA 1832/2017
2
absconded thereafter and therefore final report could not be laid .It is also pointed out that the petitioner is involved in Crime No.975 of 2008 of the Pathanamthitta Police Station. It was argued that the petitioner was not entitled to the discretionary relief.
BA 1832/2017
3
consider the same and pass appropriate orders.
This application for anticipatory bail is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
vps 13.7.17
3 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner given allegations of serious injury and prior absconding.
Whether the petitioner is eligible for discretionary bail under section 438 CrPC.
The conditions under which the petitioner may surrender and cooperate with the investigation.
1 provisions across 1 enactments
VINODKUMAR
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
