Anticipatory bail application rejected because effective custodial interrogation was deemed necessary given the unavailability of recovered weapon. Court held bail would hamper investigation into alleged attempt to kill.
Prayer for anticipatory bail rejected and petition dismissed.
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
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
Bail Appl..No. 2366 of 2018
CRIME NO. 232/2018 OF KARIMANNOOR POLICE STATION , IDUKKI
PETITIONER/ACCUSED
RAJESH S/O. SAMY, AGED 37 YEARS, PADINJAREKARAYIL VEEDU, NEYYISSERI KARA, THODUPUZHA, IDUKKI DISTRICT.
BY ADV.SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031
2. THE STATION HOUSE OFFICER KARIMANNOOR POLICE STATION, IDUKKI DISTRICT 685 581
BY PUBLIC PROSECUTOR SMT. K.K. SHEEBA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MIN
R.NARAYANA PISHARADI, J.
======================= B.A.No.2366 of 2018
======================= Dated this the 23rd day of May, 2018
O R D E R
This is an application for anticipatory bail filed under Section 438 Cr.P.C.
B.A.No.2366 of 2018
2
obstructed the blow with his left hand and thereafter the petitioner cut him below his right knee with the knife.
In the result, the prayer for granting
B.A.No.2366 of 2018
3
anticipatory bail to the petitioner is rejected and the
petition is dismissed.
Sd/-
R.NARAYANA PISHARADI, JUDGE
rp/23.05
//TRUE COPY// P.A TO JUDGE
3 issues framed by the court
Whether anticipatory bail can be granted to the accused in a case against whom effective custodial interrogation is deemed necessary for investigation.
Whether the discretion under Section 438 CrPC can be exercised in favour of the petitioner when key evidence (knife) is not recovered.
Whether the alleged offence under Section 307 IPC warrants refusal of pre-arrest bail without valid exceptions.
2 provisions across 2 enactments
Rajesh
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
