Single bench bail application for anticipatory relief under Section 438 Cr.P.C. in a case involving inter-group violence with grievous injuries to one informant. The court held mutual injuries of accused are not enough and dismissed the application.
Bail application under Section 438 Cr.P.C. dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941
Bail Appl..No. 1694 of 2019
CRIME NO. 26/2019 OF Meenangadi Police Station , Wayanad
PETITIONER/S:
1 SHAFEER P.M. AGED 27 YEARS S/O. MUHAMMED, PALISHAKKUNNATH HOUSE, CHENDAKKUNI, MEENANGADI POST, KRISHNAGIRI VILLAGE, SUITHAN BATHERY TALUK
2 BASIL KURIAKOSE
AGED 28 YEARS
S/O. KURIAKOSE, AMBAZHATHINAMKUDI HOUSE, MEENANGADI POST, KRISHNA VILLAGE, SITHAN BATHERY TALUK
3 BRISCHO C BENNY
AGED 28 YEARS S/O. BENNY, CHOLAYIL HOUSE, MENANGADI POST, PURAKKADI VILLAGE, SULTHANBATHERY TALUK
4 SHINTO K K AGED 28 YEARS
S/O. JOSE, KANNANKALLEL HOUSE, CHEERAMKUNNU, KURACHAL POST, KRISHNAGIRI VILLAGE, SULTHANBATHERY
BY ADVS. SRI.TONY THOMAS (INCHIPARAMBIL) SRI.P.THOMAS GEEVERGHESE
RESPONDENT/S:
STATE OF KERLA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN CODE 682031
OTHER PRESENT:
SRI. B.JAYASURYA-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1694 of 2019
2
O R D E R
Petitioners are the accused in crime No.26/2019 of Meenangadi police station in Wayanad district. They have allegedly committed offences punishable under Secs 323, 326 and 447 of IPC read with IPC 34. They seek bail under Sec 438 of Cr.P.C.
Bail Appl..No. 1694 of 2019
3
sustained injuries. But that is not sufficient for the petitioners to go on bail under Sec.438 of Cr.P.C. The application is liable to be dismissed.
Sd/-
A.M.BABU
Dxy
JUDGE
2 issues framed by the court
Whether bail under Section 438 Cr.P.C. is applicable when grievous injuries were sustained by the first informant.
Whether mutual injuries sustained by accused are sufficient to grant anticipatory bail.
2 provisions across 2 enactments
Shafeer P.M.
Basil KuriaKose
Brischo C Benny
Shinto K K
State of Kerala
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
