The High Court of Kerala dismissed a bail application under Section 438 Cr.P.C. filed by an accused charged with offences under Sections 307, 324, and 326 IPC for attempting to kill the first informant and his uncle, finding the prima facie evidence points to the petitioner's guilt.
Bail application dismissed; petitioner 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
TUESDAY, THE 17TH DAY OF JANUARY 2017/27TH POUSHA, 1938
Bail Appl..No. 81 of 2017
CRIME NO. 425/2016 OF PERUVANNAMUZHY POLICE STATION, KOZHIKODE DISTRICT
PETITIONER(S) :
GEORGE,
AGED 48 YEARS, S/O.VARKEY (LATE), KOMMATTATHIL HOUSE, MUTHUKADU P.O., PERUVANNAMUZHY, KOZHIKODE DISTRICT.
BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN
RESPONDENT(S) :
1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. S.I. OF POLICE, PERUVANNAMUZHY POLICE STATION, PERUVANNAMUZHY P.O., KOZHIKODE.
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.ABRAHAM MATHEW, J.
B.A.No.81 of 2017
Dated this the 17th day of January, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
knife causing an injury on his right hand and then stabbed his uncle in the abdomen causing him very serious injuries. The submission
B.A.No.81 of 2017 2
of the counsel that the incident happened on the verandah of the petitioner’s house does not appear to be true. Even if it is assumed that the incident happened on the verandah of the petitioner’s house, it cannot be hold that the victims were the aggressors. The petitioner or any member of his family did not sustain any injury. On the other hand, the uncle of the first informant sustained very serious injuries. The facts disclose that, prima facie the petitioner is guilty of the offences alleged against him. The nature of the case does not incline me to grant him anticipatory bail.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW, JUDGE
ln
/True copy/
P.A. to Judge
2 issues framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. to an accused charged with attempted murder, grievous hurt, and voluntarily causing hurt.
Whether the prima facie evidence of guilt and nature of injuries incline the court to deny bail.
2 provisions across 2 enactments
George
State of Kerala
S.I. of Police, Peruvannamuzhy Police Station
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
