The single-judge High Court bench hearing this anticipatory bail application dismissed the petition. The court held that the use of specially made weapons and the petitioner's history of creating problems make him an unfit candidate for bail.
The application for anticipatory bail was dismissed; petition not a fit case to grant bail.
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
THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938
Bail Appl..No. 707 of 2017 ()
CRIME NO.1170/2016 OF NALLALAM POLICE STATION, KOZHIKODE DISTRICT.
PETITIONER/5TH ACCUSED:
RASHEED POOLAKKAL, S/O ABOOBACKER, AGED 40 YEARS, POOLAKKAL HOUSE, KANNANKULANGARA, KAMBILIPARAMBA, OLAVANNA PO, KOZHIKODE DISTRICT.
BY ADVS.SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR SRI.K.B.SAJEESH SMT.MAYA CHANDRAN SMT.O.A.NURIYA
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
K.ABRAHAM MATHEW, J.
B.A.No.707 of 2017
Dated this the 2nd day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
2
B.A.No.707 of 2017
made for assault. The victims sustained injuries. It is submitted by the learned Public Prosecutor that the petitioners and the rival group frequently create problems for the inhabitants of the locality. Having regard to all these facts, it appears that 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 can be granted to the petitioner accused in offences of rioting and affray.
Whether the petitioner's alleged absence at the scene of occurrence makes him a fit case for anticipatory bail given the nature of weapons and injuries.
Whether the petitioner's involvement in frequent local problems with rival groups renders him unfit for bail.
2 provisions across 2 enactments
RASHEED POOLAKKAL
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
