Dismissed

Anand v. State of Kerala

Kerala HC22 Jan 2018Bail Appl./21/2018

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a bail application. Finding the allegations grave and materials pointing to the petitioner's involvement, the Court refused pre-arrest bail and declined to issue a direction to surrender, directing surrender to be made expeditiously.

What did the court decide?

The bail petition was dismissed; no direction to surrender was issued; the petitioner was directed to surrender expeditiously.

Anand Vs State of Kerala — Property and Title | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 22ND DAY OF JANUARY 2018 / 2ND MAGHA, 1939

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Bail Appl..No. 21 of 2018

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CRIME NUMBER NOT KNOWN OF PALODU POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONERS/ACCUSED

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ANAND, AGED 20 YEARS, S/O. GIREESAN, ATHIRA BHAVAN, PULIMOODU, KURUNTHALI, PACHA, PALODU, PALODU VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM.

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BY ADVS.SMT.M.SANTHI, SRI.G.RANJU MOHAN.

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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RAJA VIJAYARAGHAVAN V., J

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B.A. No.21 of 2018

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Dated this the 22^nd day of January, 2018

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ORDER

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This petition is filed under section 438 of the Code of Criminal Procedure.

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The petitioner is the accused in Crime No.1447 of 2017 of the Palodu Police Station registered alleging offences punishable under sections 447, 435 and 436 of the IPC.

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The aforesaid crime was registered on 26.11.2017 on the basis of information furnished by one Krishnakumar. According to him, sometime in the midnight of 26.11.2017, somebody trespassed into his house premises and set ablaze a car and a scooter causing loss to the tune of Rs.30,000/-. Investigation later revealed the involvement of the petitioner .

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The learned counsel appearing for the petitioner submitted that the petitioner is in his late teens and asserted that he is innocent. No names have been mentioned in the FIR.

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BA 21/2018 2

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Purely on the basis of suspicion, he was included in the array of the accused. The learned counsel with much vehemence prayed that he be granted relief and be spared from custodial interrogation .

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The learned Public Prosecutor has stoutly opposed the said prayer. According to the learned counsel, the petitioner was not in good terms with the owner of the bike which was kept in the house of the informant. It is submitted that a detailed probe was conducted and the prosecution has been able to get hold of clinching materials which links the petitioner with the offence.

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I have considered the submissions advanced and have gone through the case diary. The allegations are grave and prima facie, it appears that there are materials which point to the involvement of the petitioner. Furthermore, the investigation is in the early stages. It does not appear to me that this is a fit case for granting pre arrest bail to the petitioner.

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The learned counsel prays that a direction be issued to enable the petitioner to surrender before the jurisdictional

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BA 21/2018

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court. I see no need for issuance of any such directions. The petitioner shall surrender as expeditiously as possible and if an application for bail is filed, the same shall be considered and orders shall be passed on its merits.

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This petition is dismissed.

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Sd/RAJA VIJAYARAGHAVAN V., JUDGE

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vps 23/1xx /True Copy/ PS to Judge

Anand v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anand v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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