The High Court of Kerala dismissed a bail application filed by an accused charged with murder. Consistent with Neeru Yadav, the Court refused bail due to the accused's extensive criminal antecedents involving heinous offences and the reasonable apprehension that he would tamper with evidence.
Bail application stood dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940
Bail Appl..No. 1433 of 2018
CRIME NO.1090/2015 OF PATATANAKKAD POLICE STATION, ALAPPUZHA
PETITIONER(S)/ACCUSED NO.3:
SHIBU @ THUMPI, S/O. PURUSHAN, AGED 41 YEARS, ILLATHUVELI VETTIL, MUNICIPAL WARD NO.10, CHERTHALAI P.O., ALAPPUZHA DISTRICT.
BY ADVS. SRI.BIJU ANTONY ALOOR SRI.S.AADHIRITHIQ SRI.RAJESH R. NAIR SRI.K.P.PRASANTH
RESPONDENT(S)/COMPLAINANT:
THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH S.H.O PATTANAKKADU P.S, ALAPPUZHA DISTRICT.
bY PUBLIC PROSECUTOR SMT. REKHA C. NAIR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V., J
= = = = = = = = = = = = = = = = = = B.A. No. 1433 of 2018
= = = = = = = = = = = = = = = = = = Dated this the 11th day of June, 2018
ORDER
BA.1433/18
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was driven by the applicant. The rest of the accused managed to flee. The applicant with a view to escape, drove the lorry through the public road towards north, but his plan was foiled by the locals who managed to intercept the vehicle and detain the applicant.
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a) C.C. No.1059 of 2015 on the file of JFCM-I, Cherthala, which involves offence under Sections 326 & 354 of the IPC;
b) Crime No.3222 of 2015 of the Cherthala Police Station, registered under Sections 323, 324 and 308 r/w. Section 34 of the IPC;
c) Crime No.3390 of 2015 of the Cherthala Police Station registered under Section 435 r/w. Sec.34 of the IPC.
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It is further submitted that he was also accused in Crime Nos.3223 of 2015 and 3291 of 2015. However, those cases were compounded under Section 320(8) of the Cr.P.C. Finally, it is submitted that proceedings were also initiated against the applicant under the Kerala Anti Social Activities (Prevention) Act, 2007 and he was detained on 16.4.2016.
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criminal antecedents of the accused. A history sheeter involved in Crimes such as 308 and 326 of the IPC, which are of heinous nature, and against whom proceedings have been initiated under the Kerala Anti Social Activities Act cannot be granted bail in a routine manner. The Apex Court has cautioned that the exercise of discretion must be in a judicious manner and cannot be done whimsically. After having considered the nature and gravity of the allegations, the role attributed to the applicant, his antecedents, the reasonable possibility of the applicant influencing the witnesses and attendant facts, I find no reason to grant bail to the applicant.
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to issue any specific directions.
This application will stand dismissed.
Raja Vijayaraghavan V., Judge
krj.11/6 xx
1 issue framed by the court
Whether bail should be granted to the accused charged with murder given his criminal antecedents and likelihood of influencing witnesses.
Colour shows how this judgement treated each authority
Neeru Yadav v. State of UP and AnotherApplied¶35
Neeru Yadav v. State of UP and Another [(2015) 15 SCC 422] · Who else cites this
6 provisions across 3 enactments
Shibu @ Thumpi
State of Kerala
Raja Vijayaraghavan V.
High Court of Kerala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
