The High Court of Kerala granted anticipatory bail to two accused charged with attempted robbery and related offenses. The court held that there was no intention to commit robbery but rather an attack due to irritation over motorcycle riding style.
Petitioners released on bail by executing a bond of Rs. 25,000 each with two sureties of equal amount.
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 R. NARAYANA PISHARADI
THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939
Bail Appl..No. 1221 of 2018 -----------------------CRIME NO. 1793/2017 OF POOYAPALLY POLICE STATION, KOLLAM DISTRICT.
PETITIONERS/ACCUSED -A1 & 2
1 SHAJAHAN, AGED 24 YEARS, S/O.THAJUDHEEN, AZHIKONAM CHARUVILA VEEDU, CHENKULAM, KOLLAM DISTRICT.
BY ADV.SRI.K.V.ANIL KUMAR.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.RAMESH CHAND.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs. 16/03/2018.
R. NARAYANA PISHARADI, J
Bail Application No.1221 of 2018
----------------------------------------------------Dated this the 15th day of March, 2018
ORDER
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.
first information statement given to the police by the de facto
2
Bail Application No.1221 of 2018
complainant prima facie, it appears that there was no intention on the part of the petitioners to commit robbery. It appears that the petitioners had attacked the de facto complainant for the reason that they were irritated by the manner in which he was riding the motor cycle. The whole incident occurred for this reason. Considering these aspects, I find that the discretion of the court can be exercised in favour of the petitioners to grant them pre-arrest bail provided they would co-operate with the investigation of the case.
In the result, the petition is allowed and it is ordered as follows:
Bail Application No.1221 of 2018
3
Sd/-
(R. Narayana Pisharadi, Judge)
//True Copy//
P.A. To Judge
ss
2 issues framed by the court
Whether anticipatory bail should be granted to the accused facing charges of attempted robbery.
Whether the lack of recovery efforts and low probability of actual robbery attempt justify granting bail.
2 provisions across 2 enactments
Shajan
Noushad
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
