The Kerala High Court dismissed the bail application of a 3rd accused in a serious assault case involving attempts to murder, citing risk of witness intimidation and the petitioner's criminal antecedents as grounds for denial.
Bail was denied to the petitioner due to the likelihood of witness intimidation and the possibility of repeating offences.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941 Bail Appl..No.5835 OF 2019
CRIME NO.500/2019 OF Thalassery Police Station , Kannur
PETITIONER/S:
ASWANTH.K AGED 20 YEARS S/O.SURENDRAN, CHERI PUTHIYA VEEDU, PULLYODI, P.O.PONNIAM WEST, THALASSERY, KANNUR-670641.
BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.AJEESH K.SASI SRI.V.C.SARATH SMT.POOJA PANKAJ SRUTHY N. BHAT
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
OTHER PRESENT:
SMT.V.SREEJA,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 5835/19
O R D E R
The petitioner is the 3rd accused in Crime No.500 of 2019 of Thalassery Police Station registered for the offences punishable under Sections 120B, 341, 324, 326, 307, 212 and 427 read with Section 34 IPC.
application.
and thereafter, the victim was wrongly restrained by the
Case No. BA 5835/19
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accused. The 2nd accused stabbed him on his abdomen
and the first accused inflicted a blow on the head of the victim with an iron rod. Thereafter, both his hands and legs were tied. Thereafter, the victim was thrice run over by the motor cycle ridden by the petitioner, with the intention to kill him.
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particularly when the petitioner is having criminal antecedent. 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/
1 issue framed by the court
Whether the petitioner is eligible for bail given the nature of charges, risk of witness tampering, and criminal antecedents.
ASWANTH.K
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
