In this bail application under Section 438 Cr.P.C., the Single Judge dismissed the petition. The court reasoned that overt acts and subsequent injuries rendered investigation fruitful, arguing bail would frustrate the probe.
The bail application was dismissed; the petitioners are not granted anticipatory 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
WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938
Bail Appl..No. 770 of 2017 ()
CRIME NO. 67/2017 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA
PETITIONER(S)/PETITIONERS/ACCUSED 1 & 2:
1. RANJITH, AGED 24 YEARS, RAMYA BHAVANAM, MUTHUKULAM NORTH, CHOOLATHERUVU P.O., ALAPPUZHA.
2. UNNI, AGED 23 YEARS, MANIMANDIRAM, RAMAPURAM, KERRIKKADU P.O., ALAPPUZHA.
BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR
RESPONDENT(S)/RESPONDENTS/COMPLAINANTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, KAREELAKULANGARA-688012.
R1-2 BY PUBLIC PROSECUTOR SRI. SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
K.ABRAHAM MATHEW, J.
--------------------------------------B.A.No.770 of 2017
Dated this the 1st day of March, 2017
Petition filed under Section 438 Cr.P.C.
allegations against the petitioners are false.
B.A.No.770 of 2017 2
clearly shows that there was overt acts on the part of the petitioners. They used iron rod to assault the victims. The first informant sustained fracture of the right zygomatic arch. The weapon has not yet been recovered. Granting anticipatory bail to the petitioners will frustrate the investigation. So, I am not inclined to grant them bail.
In the result, the application is dismissed.
Sd/K.ABRAHAM MATHEW JUDGE
sd
// True Copy // P.A. to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to accused facing charges for assault and hurt.
1 provisions across 1 enactments
Ranjith
Unni
State of Kerala
Sub Inspector of Police, Kareelakulangara
K. Abrahan Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
