This High Court of Kerala dismissed an application for pre-arrest bail preferred by accused Nos. 5 to 8 in a criminal case alleging unlawful assembly and assault with dangerous weapons, noting the gravity of injuries sustained and the need for deeper inquiry.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF NOVEMBER 2017/12TH KARTHIKA, 1939
Bail Appl..No. 6671 of 2017 () ------------------------------CRIME NO. 1405/2016 OF PIRAVAM POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED NO.5 TO 8:
1. HARIKRISHNAN A.N
2. JIBY M R AGED 23 YEARS, S/O RAJU, MANIMALAYIL HOUSE,
MARIKA P.O., PALAKKUZHA-686662.
3. AMITH P S AGED 23 YEARS, S/O P P SASI, PARATHANATH HOUSE, KALAMBOOR P O, PIRAVOM-686664.
4. NANDHURAJ, AGED 29 YEARS, S/O RAJU, THEKKAMALAYIL HOUSE, PIRAVOM VILLAGE, PAZHOOR KARA, PAZHOOR-686664.
BY ADVS.SRI.P.G.MANU (MAMMALASSERY) SRI.SHAJIN S.HAMEED
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
R BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SCL.
RAJA VIJAYARAGHAVAN, J.
B.A. No. 6671 of 2017
Dated this the 3rd day of November, 2017
ORDER
This is an application seeking pre-arrest bail preferred by
the accused Nos.5 to 8 in Crime No.1405 of 2016 of Piravom Police Station. It has to be noticed that on an earlier occasion, the petitioners herein along with the accused Nos.1 to 4 had
approached this Court and by order dated 2.6.2017 in B.A.No.2346 of 2017, the relief was denied.
B.A. No. 6671 of 2017
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place at about 9.05 p.m. on 8.12.2016 and specific allegation of the prosecution is that the accused had formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the de facto complainant and assaulted him with dangerous weapons, causing injuries. This Court in the original order had taken note of the seriousness of the injuries sustained by the victim and the nature of weapons which were used for commission of the offence. A deeper probe into the various allegations is not warranted at this stage.
I find no reason to allow this application and the same is
dismissed.
Sd/RAJA VIJAYARAGHAVAN JUDGE
True Copy
PA to Judge
Scl/03.11.2017
1 issue framed by the court
Whether pre-arrest bail should be granted to accused persons 5 to 8 in a case involving unlawful assembly and assault with dangerous weapons.
HARIKRISHNAN A.N
JIBY M R
AMITH P S
NANDHURAJ
STATE OF KRALA
Raja Vijayaraghavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
