The High Court of Kerala dismissed an application for anticipatory bail under Section 438 Cr.P.C. The accused, brother of the complainant, faced charges of attempted culpable homicide. The Court held that the injuries sustained warranted custodial interrogation for effective investigation, rejecting the bail plea.
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
TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939 Bail Appl..No. 857 of 2018
CRIME NO. 1143/2017 OF PAYYANNUR POLICE STATION , KANNUR
PETITIONER(S)/ACCUSED:
ASEER A.P, AGED 31 YEARS, S/O.NABEESA A.P., A.P.HOUSE, KANIYERI, VELLUR P.O., PAYYANUR, KANNUR DISTRICT, PIN-670307.
BY ADVS.SRI.RILGIN V.GEORGE SMT.M.LISHA
RESPONDENT(S)/COMPLAINANT & STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.
R BY PUBLIC PROSECUTOR SRI. K.B. UDAYAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. NARAYANA PISHARADI, J.
B.A. No. 857 of 2018
Dated this the 6th day of March, 2018
ORDER
This is an application for anticipatory bail filed under Section 438 of the Cr.P.C.
B.A. No. 857 of 2018
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brother of the petitioner. However, that does not in any way reduce the gravity of the act allegedly committed by the petitioner. The copy of the wound certificate produced by the investigating officer shows that the de facto complainant had sustained a stab wound and there was bleeding from the injury. The report of the investigating officer shows that the weapon allegedly used by the petitioner is yet to be recovered. Custodial interrogation of the petitioner would be necessary to have an effective investigation in the case. Considering these aspects, I find that the discretion of the Court cannot be exercised in favour of the petitioner to grant him pre-arrest
bail. The petition is liable to be dismissed.
In the result, the prayer for granting anticipatory bail to
the petitioner is rejected and the petition is dismissed.
R. NARAYANA PISHARADI JUDGE
Scl/06.03.2018
2 issues framed by the court
Whether anticipatory bail should be granted to the accused in a case involving attempt to commit culpable homicide.
Whether family relation (petitioner being the accused's brother) reduces the gravity of a serious assault causing injury.
1 provisions across 1 enactments
Aseer A.P
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
