In a bail application filed under section 438 CrPC for alleged offences under IPC Sections 294, 323, 324, 326, and 506, the court dismissed the application due to the serious nature of injuries sustained by the victim's sister and the severity of the potential punishment.
The application for pre-arrest bail under section 438 CrPC was 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
MONDAY, THE 6TH DAY OF NOVEMBER 2017/15TH KARTHIKA, 1939
Bail Appl..No. 7067 of 2017 ()
CRIME NO. 924/2017 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM --------------
PETITIONERS/ACCUSED:
SAJI, AGED 38 YEARS, S/O.GOPALAN, KENIYIL KULAVARAMBU VEEDU, T.C. 11/1909, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.P.RAHUL SRI.S.M.NOWFI
RESPONDENT/RESPONDENT:
STATE OF KERALA, (SHO, MUSEUM POLICE STATION, THIRUVANANTHAPURAM) (REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA)
BY PUBLIC PROSECUTOR SRI T.R.RENJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
RAJA VIJAYARAGHAVAN V., J
B.A. No.7067 of 2017
Dated this the 6th day of November, 2017
ORDER
BA 7067/2017 2
her and thereafter assaulted her yet again.
he is innocent. Reference is made to the FI statement as well as the Accident Register cum Would Certificate to bring home the point that the version of the complainant is different at different stages. According to the learned counsel there is gross discrepancy in respect of the time of incident. The learned counsel also submit that it was the de facto complainant who had committed mischief inside the house of the petitioner herein .
BA 7067/2017 3
the victim, the severity of punishment that conviction would entail and the other facts and circumstances, it does not appear to me that this Court will be justified in arming the petitioner with an order of pre-arrest bail.
9.A this stage, the learned counsel for the petitioner would submit that the learned Sessions Judge had while rejecting his application issued certain directions. Needless to say, benefit of the positive observations, if any, in the order passed by the learned Sessions Judge, shall also be extended to the petitioner if he chooses to surrender before the investigating officer.
This application is dismissed.
vps 6/11
2 issues framed by the court
Whether the petitioner is justified in being granted pre-arrest bail in a case involving severe physical assault and injury to his sister.
Whether the nature and gravity of allegations constitute an exception warranting pre-arrest bail under section 438 CrPC.
2 provisions across 2 enactments
Saji
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
