Dismissed

Vishnu v. State of Kerala

Kerala HC3 Jul 2020Bail Appl./1568/2020

Case brief

AI extract

What is this about?

In this anticipatory bail application, the High Court of Kerala refused relief. The court noted the completion of investigation, filing of the final report, and the petitioners' criminal antecedents. Consequently, the application was dismissed, directing surrender and seeking regular bail.

What did the court decide?

Anticipatory bail application dismissed; petitioners directed to surrender within two weeks and seek regular bail before the jurisdictional court.

Vishnu Vs State of Kerala — Anticipatory Bail | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 03RD DAY OF JULY 2020 / 12TH ASHADHA, 1942

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Bail Appl..No.1568 OF 2020

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CRIME NO.198/2020 OF AMBALAPUZHA POLICE STATION , ALAPPUZHA

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PETITIONERS/ACCUSED NOS. 2 & 3:

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1 VISHNU, AGED 25 YEARS, AMBALAPUZHA, ALAPPUZHA.

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2 CHIMMU, @ AKHIL VINAYAK, AMBALAPUZHA, ALAPPUZHA.

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BY ADV. SRI.MATHEW JAMES

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE ASST.SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, ALAPPUZHA DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 ASST. SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, ALAPPUZHA DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1568 OF 2020

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ORDER

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Dated this the 03^rd day of July, 2020

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APPLICATION FOR ANTICIPATORY BAIL

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The petitioners are accused 2 and 3 in Crime No.198 of

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2020 of Ambalapuzha Police Station, Alappuzha for having allegedly committed offences punishable under Sections 294(b), 324, 323 and 326 read with Section 34 of the IPC. The prosecution case in brief is thus:

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On 11.02.2020, at about 8.30 PM, the petitioners in furtherance of common intention with the other accused, assembled near the Matheri Kunnel Temple, and in furtherance of common intention, they hurled abuses at the defacto complainant, caught hold of him and the 1^st accused hit him, on the head with a stone, while accused 2 and 3 brutally manhandled him and caused hurt to him. The 1^st accused was already released on bail on 24.02.2020, after being arrested. The petitioners state that they are innocent and therefore, they may be released on pre arrest bail. The learned Public Prosecutor,

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B.A.No.1568 OF 2020

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Sri.C.N.Prabhakaran, submits that the petitioners have very bad antecedents and that they are involved in ever so many other criminal cases. The investigation is over and the final report has already been filed before the jurisdictional Magistrate and therefore, the application for pre arrest bail may be dismissed.

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Considering the fact that the final report has already been filed after completion of investigation, and that the petitioners have criminal antecedents, I do not find that this is a fit case, where they are entitled to a pre arrest bail. They are therefore, directed to surrender before the jurisdictional court within two weeks and seek regular bail. The application so filed by the petitioners shall be disposed of preferably on the very same date by the jurisdictional Magistrate.

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With these observations, the Bail Application is

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dismissed.

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Sd/ASHOK MENON JUDGE

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NR/03/07/20

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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