High Court rejected the bail petition of an accused charged with murder, attempted murder, and grievous hurt using an unlicensed firearm, citing incomplete investigation and high risk of witness tampering.
Bail application dismissed due to incomplete investigation and risk of witness tampering.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941
Bail Appl..No.5813 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 2859/2019 DATED 01-062019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, SULTHANBATHERY
CRIME NO.320/2019 OF Pulpally Police Station , Wayanad
PETITIONER/S:
SHARLY.P.S AGED 42 YEARS S/O. SUKUMARAN, PULIKKAL HOUSE AMARAKKUNI P.O., PULPALLY WAYANAD DISTRICT.
BY ADVS. SRI.TONY THOMAS (INCHIPARAMBIL) SRI.E.S.FIROS
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682 031. REPRESENTING THE S.I. OF POLICE, PULPALLY POLICE STATION, WAYANAD DISTRICT.
OTHER PRESENT:
SRI.S.SAJJU,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Case No. BA 5813/19
O R D E R
The petitioner is the accused in Crime No.320 of
2019 of Pulpally Police Station registered for the offences punishable under Sections 302, 307 and 326 IPC and
Section 3 read with Section 25 of the Arms Act.
application.
about 9.50 p.m., the petitioner fired at two persons and in
that process, one brother of the de-facto complainant died
and the younger brother of the de-facto complainant
Case No. BA 5813/19
-3-
sustained grievous hurt on his abdomen.
complete. The gun used by the petitioner was not having valid licence. Considering the nature and gravity of the offences alleged, I am of the view that if the petitioner is released on bail at this stage, there is likelihood that the petitioner will intimidate and influence the witnesses and thereby, tamper with the investigation, particularly when the investigation is not yet complete. Considering the nature and gravity of the offences alleged against the petitioner, I am of the view that it is not safe to release the petitioner on bail at this stage.
In the result, this application stands dismissed.
sd B. SUDHEENDRA KUMAR, JUDGE .
dl/
2 issues framed by the court
Whether the petitioner, accused of murder, attempted murder, and grievous hurt with an unlicensed firearm, should be released on bail.
Whether likelihood of tampering with incomplete investigation justifies bail refusal.
2 provisions across 2 enactments
SHARLY.P.S
STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
