Bail Application by three accused persons charged with offences under Sections 143, 147, 148, 341, 323, 324, 326 and 149 IPC for assault causing nasal bone and facial fractures. The High Court dismissed the application, holding that it was not a fit case for pre-arrest bail due to the serious nature of the allegations.
Bail application dismissed.
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
WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940
Bail Appl..No. 681 of 2019
CRIME NO. 1/2019 OF Perambra Police Station , Kozhikode
PETITIONER/ACCUSED:
1 SHAMMAS K.C., AGED 24 YEARS S/O. KUNHAMMAD KUTTI, KULAPACHALIL HOUSE, KADIYANGAD (P.O), PERAMBRA, KOZHIKODE 673 525.
2 SHAHAS AHMMED, AGED 24 YEARS PARAYARAT HOUSE, PALERI (P.O), KUTTIADY 673 508.
3 SHAFI @RAMSHAD, AGED 23 YEARS KIZHAKKE KOVUMMAL HOUSE, KADIYANGAD (P.O), PERAMBRA, KOZHIKODE 673 525
BY ADVS. SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031
2 SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION, 673 525 KOZHIKODE.
OTHER PRESENT:
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11.02.2019, THE COURT ON 20/2/2019 PASSED THE FOLLOWING:
BA NO. 681/2019
2
O R D E R
Petitioners are accused Nos. 1 to 3 in Crime No.1/2019 of Perambra Police station for offences punishable under sections 143,147,148,341,323,324,326 and 149 IPC.
Sd/-
SUNIL THOMAS
JUDGE
dpk
2 issues framed by the court
Whether pre-arrest bail should be granted to the accused facing charges of assaulting a person with dangerous weapons causing injury.
Whether the nature of the overt acts attributes specific liability to all three accused warranting denial of bail.
1 provisions across 1 enactments
Shammas K.C.
Shahas Ahmmed
Shafi @Ramshad
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
