Dismissing bail applications filed by accused persons charged with offences including intimidation, criminal force, and故意伤害 under IPC sections 308, 323, 324, and 308 arising from an armed trespass incident causing substantial injuries.
Bail applications dismissed; second accused directed to surrender.
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 SUNIL THOMAS
WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
Bail Appl..No. 2803 of 2018
CRIME NO. 498/2018 OF Vizhinjam Police Station , Thiruvananthapuram
PETITIONER/ACCUSED 1, 3 & 4:
1 HYSANTH LOUIS S/O. DAMAYAL LOUIS, AGED 52 YEARS, SECRET HEART HOUSE, AMBALATHUMMOOLA, CHOVVARA P.O., TRIVANDRUM. 2 SHAHUL HAMEED S/O. ALLAPICHA, AGED 59 YEARS, ARAPPURA PUTHENVEEDU, AMBALATHUMMOOLA, KOTTUKAL VILLAGE, CHOVVARA P.O., TRIVANDRUM. 3 JAHAMGEER S/O. ALLAPICHA, AGED 59 YEARS, ARAPPURA PUTHENVEEDU, AMBALATHUMMOOLA, KOTTUKAL VILLAGE, CHOVVARA P.O., TRIVANDRUM. BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 ADDL.R2 IMPLEADED: RAFEEQ AGED 42 YEARS S/O NAZARUDEEN, MANCHADITHATTU VEEDU, AMBALATHU MOOLA,KOTTUKAL DESOM, KOTTUKAL VILLAGE, VIZHINJAM THIRUVANANTHAPURAM-695011. ((ADDL.R2 IS IMPLEADED AS PER ORDER DATED 16/11/2018 IN CRL.MA.01/2018)
BY ADV. SRI.N.K.SHYJU
OTHER PRESENT:
PP S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2018, ALONG WITH Bail Appl..2812/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl. 2803/2018 ,Bail Appl..2812/2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
Bail Appl..No. 2812 of 2018
CRIME NO. 498/2018 OF Vizhinjam Police Station , Thiruvananthapuram
PETITIONER/ACCUSED NO.2:
JOHN PAUL LOUIS S/O. DAMAYAL LOUIS, AGED 62 YEARS, SECRET HEART HOUSE,AMBALATHUMMOOLA, CHOVVARA P.O, THIRUVANANTHAPURAM.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.
2 ADDL.R2 IMPLEADED; RAFEEQ, AGED 42 YEARS, MANCHADITHATTU VEEDU, AMBALATHUMOOLA, KOTTUKAL DESOM, KOTTUKAL VILLAGE, VIZHINJAM, THIRUVANANTHAPURAM. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 16/11/2018 IN CRL.MA.01/2018)
BY ADV. SRI.N.K.SHYJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2018, ALONG WITH Bail Appl..2803/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl. 2803/2018 ,Bail Appl..2812/2018
COMMON ORDER
[ Bail Appl. 2803/2018 ,Bail Appl..2812/2018 ]
In B.A.No.2803/2018, the petitioners are accused nos.1, 3 and
4 in crime No.498/2018 of Vizhinjam Police Station for offences punishable under Sections 143, 147, 149, 294(b), 323, 324, 506(ii), 308 and 427 of IPC.
4
Bail Appl. 2803/2018 ,Bail Appl..2812/2018
pursuant to which, Annexure A3 order was passed granting interim orders and also directing the persons to stop the construction. It was stated that, on the date of incident, while the petitioners were doing their regular work, the defacto complainant and others attacked them with weapons. It was contended that, one of the accused, who is the first petitioner sustained injuries, evidenced by Annexure A7. He was taken to the hospital on the same day and seen by the doctor at 2.55 p.m. Relying on these materials, the learned counsel for the petitioners contended that it was an altercation between both sides, in which, some sustained minor injuries. Hence, they are entitled for bail, it was contended.
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Bail Appl. 2803/2018 ,Bail Appl..2812/2018
that accused no.11, 14 and 17 have been arrested.
Bail Appl. 2803/2018 ,Bail Appl..2812/2018
6
recovery, if any, he shall be produced before the jurisdictional magistrate on the same day of surrender. The court below shall take up the bail application filed by him on the same day of his appearance and pass appropriate orders having regard to the outcome of the interrogation and also the fact that apparently he suffers from Parkinson disease.
Sd/-
SUNIL THOMAS
JUDGE
shg
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving armed trespass and grievous injuries.
Whether the aggravating circumstances including use of deadly weapons and multiple substantive injuries preclude bail.
Hysanth Louis
Jahamgeer
Shahul Hameed
John Paul Louis
State of Kerala
Rafeeq
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
