The High Court of Kerala addressed a bail application filed by two accused in a robbery and assault case. The court noted the trial was nearing completion and dismissed the bail petition, refusing to exercise discretion due to the gravity of charges and impending trial closure.
The bail application fails and stands dismissed; no bail granted.
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 ALEXANDER THOMAS
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
Bail Appl..No.4660 OF 2019
AGAINST THE ORDER/JUDGMENT IN SC 542/2017 OF ADDITIONAL SESSIONS COURT II (SPECIAL COURT), KOTTAYAM
AGAINST THE ORDER/JUDGMENT IN CRMP 2380/2017 OF SESSIONS COURT, KOTTAYAM
CRIME NO.574/2017 OF AYARKUNNAM POLICE STATION, KOTTAYAM
PETITIONERS/ACCUSED NO.1 & 2:
1 SELVARAJ
AGED 50 YEARS, S/O. RAMAN, BEHIND RAJA HIGH SCHOOL, SIVAGANGA P.S. LIMITS, SIVAGANGA DISTRICT, TAMIL NADU STATE
2 RAJKUMAR
AGED 19 YEARS, S/O. RAJ, MADINA NAGAR, KAMMA BHAGOM, RAMANADU DISTRICT, TAMIL NADU STATE
BY ADVS.
SRI.S.RANJIT (KOTTAYAM) SRI.GOKUL DAS V.V.H.
RESPONDENT/COMPLAINANT:
STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, AYARKUNNAM POLICE STATION, KOTTAYAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031
SRI.S.SAJJU, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
===========================
B.A.No.4660 of 2019
===========================
Dated this the 09th day of October, 2019
ORDER
The petitioners herein have been arrayed as accused Nos.1 & 2 among
the three accused in the instant Crime No.574/2017 of Ayarkunnam Police Station, Kottayam, which has been registered for offences punishable under Secs.450, 394 & 34 of the Indian Penal Code. The police after investigation has filed the final report/charge sheet in this case and after committal proceedings, the case is now pending as sessions case S.C.No.542/2017 on the file of the Additional Sessions Court-II (Special), Kottayam.
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attacked her with a weapon on her thigh and neck and on hearing the sound, the de facto complainant intervened, upon which they slashed his forehead with a sharp weapon and therefore, he had suffered serious injuries. Consequently, the de facto complainant and his wife were admitted to the Government Medical College Hospital, Kottayam. Accused Nos.1 & 2 were arrested on 07.06.2017 and were identified by the witnesses and accused No.3 is absconding. Now the case as against the absconding A-3 is split up and the trial as against A-1 & A-2 are on the verge of completion. The previous regular bail applications of the petitioners have been rejected as per order dated 26.03.2019 rendered by the Sessions Court concerned in Crl.M.P.No.801/2019 in S.C.No.542/2017 as well as by Annexure-AI order dated 28.05.2019 in Crl.M.P.No.1626/2019 in S.C.No.542/2017, etc. Now the Additional Sessions Court-II (Special), Kottayam has filed a report dated 01.10.2019 before the Registry of this Court, wherein it has been stated that in S.C.No.542/2017, the said court has framed charges against A-1 & A-2 on 27.08.2019 and thereafter, PW1 to PW12 were examined on the side of the prosecution and Exts.P-1 to P-18 and material objects MO1 and MO2 were marked from the side of the prosecution and after completing prosecution evidence, accused Nos. 1 & 2 were questioned under Sec.313 Cr.P.C on 24.09.2019 and the case was then posted to 04.10.2019 for defence evidence, if any, and for hearing of the
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case.
The application fails and the same will stand dismissed.
Sd/ALEXANDER THOMAS JUDGE
vgd
2 issues framed by the court
Whether bail should be granted to the petitioners who are accused of robbery, grievous hurt, and intention to commit robbery where the trial is nearing completion.
Whether the extreme gravity of the offenses and the imminent conclusion of the trial justify not exercising discretion to grant bail.
2 provisions across 2 enactments
SELVARAJ
RAJKUMAR
STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, AYARKUNNAM POLICE STATION, KOTTAYAM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
