High Court of Kerala dismissed an anticipatory bail application filed by a second accused. The court rejected the plea of no role, noted investigation found the petitioner inside the car, and cited his poor antecedents combined with serious charges under IPC 307.
Application for bail under Section 438 CrPC 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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940
Bail Appl..No. 4478 of 2018 CRIME NO. 2278/2017 OF KILIKOLLOOR POLICE STATION, KOLLAM
PETITIONER/2ND ACCUSED:
NISAN, AGED 24 YEARS, THAHEER NIVAS, KOCHALUMMOODU, PALLICHIRA P.O, MAYYANAD, KOTTIYAM, KOLLAM.
BY ADVS.SRI.PRATHEESH P. SMT.S.SEETHA
RESPONDENT/STATE:
STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KILLIKOLLOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This application is filed under Section 438 of the Code of
Criminal Procedure.
of 2017 registered at the Kilikolloor Police Station under Sections
294(b), 324, 326 and 307 r/w. Section 34 of the IPC.
B.A.4478 of 2018
2
the learned Public Prosecutor. I have gone through the case diary and the wound certificate of the victim.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
DSV/5/10/18
2 issues framed by the court
Whether bail should be granted to the second accused in a case involving serious charges of attempted murder and assault.
Whether the petitioner can be absolved of the case despite prior enmity and investigation revealing his presence in the vehicle.
2 provisions across 2 enactments
NISAN
STATE OF KERALA
RAJA VIJAYARAGHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
