Dismissed

Anoop v. State of Kerala

Kerala HC3 Aug 2020Bail Appl./3860/2020

Case brief

AI extract

What is this about?

Criminal court dismissed an application for anticipatory bail filed by an accused charged with kidnapping and assault with dangerous weapons. The court denied bail due to the applicant's notorious antecedents and the severity of injuries sustained by the victim, directing surrender instead.

What did the court decide?

Bail application dismissed; applicant directed to surrender to Investigating Officer within two weeks.

Anoop Vs State of Kerala — Quashing and FIR | 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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MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942

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Bail Appl..No.3860 OF 2020

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CRIME NO.362/2020 OF Peroorkada Police Station , Thiruvananthapuram

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PETITIONER/A2:

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ANOOP, AGED 34 YEARS, S/O BHUVANANCHANDRAN, AMMBALATHARA PUTHEN HOUSE, CHOOZHAMPALA, MUKKOLA, KUDAPANAKUNNU VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN-695043

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PIN-682031

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BY SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.3860 OF 2020

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ORDER

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Dated this the 3rd day of August 2020 APPLICATION FOR ANTICIPATORY BAIL

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The applicant is the 2nd accused, in a crime which

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was originally registered as Crime No. 233/2020 of Mannanthala Police station and then transferred to Peroorkada Police Station and numbered as Crime No.362/2020, for having allegedly committed offences punishable under Sections 323,324,308 and 506(i) read with Section 34 of the I.P.C and subsequently, offences under Section 506(ii),326 and 367 were added.

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The prosecution case in brief is that, on 24-02-2020 at about 2.30 p.m., while the defacto complainant was waiting for his friend, the applicant along with the remaining accused came on a motor cycle and enquired about the whereabouts of the defacto complainant's friend. The defacto complainant refused to disclose the details, in consequence of which, the applicant and other co-accused kidnapped him on a motorcycle and brought him to the residence of the applicant. Thereafter, they assaulted him with dangerous weapons like wooden plank, chopper, iron rods and baseball bat, in consequence of which he

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Bail Appl..No.3860 OF 2020

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sustained a fracture of his left ankle and also contusions all

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over the body.

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The learned counsel appearing for applicant submits that on the very same day another crime was registered

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against the applicant as Crime No.347/2020 of Peroorkada Police Station for offence under the I.P.C. This crime was also regarding the very same incident, and therefore, there is an infirmity of double jeopardy in this case. He seeks pre arrest bail.

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I have heard the learned counsel appearing for the applicant and also the learned Public Prosecutor.

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The learned Public Prosecutor submits that Crime No.347/2020 of Peroorkada Police Station was in connection with an incident which took place on the very same date but at 10.30 p.m. The incident pertaining to instant crime occurred at 2.30 p.m., the same day. Crime No.347/2020 was subsequently transferred to Museum Police Station since the scene of occurrence in that crime occurred within the jurisdiction of that police station. These are two different incidents and not the same incident as is claimed by the learned counsel appearing for the applicant. It is further submitted by the learned Public

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Bail Appl..No.3860 OF 2020

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Prosecutor that the applicant is a notorious criminal having 11 other crimes registered against him for offences punishable under Sections 308 and 307 IPC among other serious offences. Therefore releasing him on bail would adversely affect the investigation and there is also possibility of his repeating similar offences and also intimidating the witnesses.

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The applicant had applied for bail in Crime No.347/2020 of Peroorkada Police Station, presently pending before the Museum Police Station. This Court refused to grant him anticipatory bail and was directed to surrender. It is submitted by learned counsel appearing for the applicant that he had surrendered before the Investigating Officer, and on being produced before the jurisdictional Magistrate, he was granted bail from that court. Under the circumstances, it is prayed that he may be released on bail in this case as well, as he is willing to abide by any conditions that may be imposed on him.

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Considering the antecedents of the applicant, the injuries sustained by the defacto complainant, and the manner in which he was kidnapped, taken to the house of the applicant and beaten up severely with dangerous weapons like baseball

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Bail Appl..No.3860 OF 2020

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bat, iron rod, chopper, wooden plank etc. indicating the propensity of the applicant to commit crimes, he cannot be released on anticipatory bail as prayed for.

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In the result, the bail application is dismissed and the applicant is directed to surrender before the Investigating Officer within two weeks. After his interrogation and arrest, he shall be produced before the jurisdictional Magistrate before whom he is at liberty to apply for a regular bail which shall and preferably be disposed of on the very same day.

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Sd/-

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ASHOK MENON JUDGE

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SSK/03/08

Anoop v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anoop v. State of Kerala

Case brief

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