The Kerala High Court rejected bail sought by a third accused in a robbery and cheating case. Despite personal reasons, the court denied bail as it would hinder the ongoing investigation and allow the accused to flee.
Plea for regular bail is rejected.
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.
Bail Appl..No.16 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
Bail Appl..No.16 OF 2020
CRIME NO.287/2019 OF Kongadu Police Station , Palakkad
PETITIONER/ACCUSED NO.3:
MIDHUN RAVI, AGED 20 YEARS AGED 20 YEARS NEDUNGATTIL VEEDU, CHOVVUR, TRISSUR
BY ADV. SRI.T.KABIL CHANDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA682031
OTHER PRESENT:
PUBLIC PROSECUTOR SMT. SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.16 OF 2020
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ORDER
This application is for regular bail under Section 439
of the Code of Criminal Procedure.
2019 of Kongadu Police Station registered for the offences
punishable under Sections 363,394,395,506(1),201 and 471 of
Indian Penal Code.
The defacto complainant is a businessman doing his business at
Tirupur. On 29.9.2019 at about 5.25 p.m while the defacto
complainant was coming from Tirupur in his car bearing
Reg.No.KL 65 F 9855 and reached at a place called Mundur in
Palakkad district, his car was intercepted by the accused persons
Bail Appl..No.16 OF 2020
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by blocking the same with an Innova car driven by the third
accused and the defacto complainant was dragged out of the car
and they have beaten him and assaulted him brutally and looted
a sum of Rs.40,000/-, Pan Card, mobile phones, driving licence
etc and also abducted him and stolen his car worth
Rs.7,00,000/- and thereby the petitioner along with the other
accused persons have committed the aforesaid offences.
that he has no connection with the alleged crime and he is
totally innocent. His sister is getting married on 2.2.2020 and
hence he request for his release on bail
opposed the application and submitted that only three of the
accused persons are apprehended by the investigating agency
Bail Appl..No.16 OF 2020
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and the investigation of the case is going on. Another vehicle
used by the accused persons to commit the office is yet to be
recovered.
On a perusal of records it is seen that the gravity of the
offences alleged against this petitioner and the other accused
persons are grave and serious in nature. All the accused
persons acted together to commit the aforesaid offence is also
revealed from the records. Only three accused persons were arrested by the investigating agency. The investigation is in the midway. Granting of bail at this stage to this petitioner,
will adversely affect the smooth course of investigation. The
fact that his sister is getting married on 2.2.2020 is not at all a
sufficient ground to release him on bail as there is every
chance to flee from justice and thus cause obstacles to the
Bail Appl..No.16 OF 2020
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smooth flow of investigation of the case. Hence, plea for
regular bail is rejected.
Dismissed.
Sd/-
SHIRCY V.
smm JUDGE
1 issue framed by the court
Whether regular bail should be granted to the 3rd accused in a case involving robbery, cheating, and criminal breach of trust considering the gravity of charges and ongoing investigation.
2 provisions across 2 enactments
MIDHUN RAVI
STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
