Single judge of Kerala High Court denied anticipatory bail to a petitioner accused under Sections 307 IPC causing severe injuries, directing immediate surrender for bail consideration on merits.
Bail application dismissed; applicant directed to surrender to the court having jurisdiction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 25TH DAY OF JUNE 2018 / 4TH ASHADHA, 1940
CRIME NO. 954/2018 OF CHERTHALA POLICE STATION , ALAPPUZHA
PETITIONER(S)/ACCUSED:
PRABHASH.M.D, S/O. DINESAN, AGED 34 YEARS, MOONUTHENGUMTHARA,KALAVAMKODAM.P.O., CHERTHALA, ALAPPUZHA DISTRICT.
BY ADVS.SRI.P.A.MOHAMMED SHAH
SRI.SOORAJ T.ELENJICKAL SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE
SMT.V.A.HARITHA
SRI.JEEVAN RAJEEV SRI.R.NANDAGOPAL
RESPONDENT(S)/COMPLAINANT;:
STATE OF KERALA, THROUGH THE INSPECTOR OF POLICE, CHERTHALA POLICE STATION, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-18.
BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION BY ADV.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RAJA VIJAYARAGHAVAN V, J.
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B.A.No.2878 of 2018
======================= Dated this the 25th day of June, 2018
ORDER
B.A.No.2878 of 2018
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According to the learned counsel, he is at the receiving end on account of a factional dispute of a political party in which he is also a member.
5.Opposing the prayer, the learned Public Prosecutor submitted that the de facto complainant had suffered multiple skull fractures. He had to undergo treatment for an extensive period in a super speciality hospital after being referred from the Medical College. His condition was so serious that it is a miracle that his life could be saved ultimately. The friend of the de facto complainant, who was also present with him at the time of incident, had given a detailed statement wherein he has specifically stated about the role of the applicant. It is further urged that the Ashokan and Nitheesh, who were also witnesses to the incident, had spoken about the involvement of the applicant.
6.I have considered the submissions advanced and have gone
through the case diary. It appears from the statement of Sanoj as well as the other witnesses cited by the prosecution that the applicant was also present in the scene of crime.
B.A.No.2878 of 2018
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Specific overt act is also alleged against him.
7.Having regard to the facts and circumstances, I see no reason to allow this application. The applicant is directed to surrender before the court having jurisdiction, as expeditiously as possible. If an application for bail is preferred, the same shall be considered on its merits and
appropriate orders shall be passed.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
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//TRUE COPY// P.A TO JUDGE.
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant held as a co-accused in a serious offence involving attempted murder and grievous hurt?
1 provisions across 1 enactments
Prabhash.M.D
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
