This bail application was dismissed by Justice Sunil Thomas. Upholding the serious nature of the allegations, including potential hurt and criminal intimidation, the Court refused pre-arrest bail to the accused, a political worker struck by a villager during a strike.
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
TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940
Bail Appl..No. 344 of 2019
CRIME NO. 49/2019 OF Kollam East Police Station , Kollam
PETITIONER/ACCUSED:
SREEHARSHAN K.G AGED 45 YEARS S/O. GANGADHARAN, KOCHUVEED, MUNDAYKKAL EAST, KOLLAM DISTRICT-1
BY ADV. SRI.M.T.SURESHKUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
OTHER PRESENT:
PP AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 344 of 2019
2
O R D E R
The petitioner herein apprehends arrest in crime no.49/2019 of Kollam East Police Station for offences punishable under sections 323, 332, 353 and 506 IPC.
Bail Appl..No. 344 of 2019
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herein being implicated falsely due to political reasons cannot be ruled out. It was also contended that the political motive is evident from the F.I. Statement itself. It was further contended that, even according to the prosecution allegation, the victim had not sustained any injury at all.
Having considered the serious nature of allegations against the petitioner, I do not feel that this is a matter, in which, the petitioner can be extended the benefit of pre-arrest bail. Petition fails and is dismissed.
Sd/-
SUNIL THOMAS
JUDGE
shg
2 issues framed by the court
Whether the petitioner qualifies for pre-arrest bail in a case involvingSection 323, 332, 353 and 506 IPC allegedly committed during a political strike.
Whether the political motive alleged for the case justifies granting bail at the pre-arrest stage.
Sreeharshan K.G
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
