Dismissed

Ashraf P K v. Public Prosecutor

Kerala HC14 Aug 2020Bail Appl./4466/2020

Case brief

AI extract

What is this about?

The High Court of Kerala denied the petitioners' application for anticipatory bail under Section 438 Cr.P.C. regarding alleged offences of unlawful assembly and causing grievous hurt. The judge held that given the gravity of the head injury sustained, the applicants were not entitled to pre-arrest bail and was directed to surrender within two weeks. The court allowed for subsequent application for

What did the court decide?

Applicants directed to surrender to the Investigating Officer within two weeks; liberty to apply for regular bail after interrogation.

Ashraf P K Vs Public Prosecutor — Bail and Remand | 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 14TH DAY OF AUGUST 2020 / 23RD SRAVANA, 1942

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Bail Appl..No.4466 OF 2020

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CRIME NO.709/2020 OF Perinthalmanna Police Station , Malappuram

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PETITIONERS/ACCUSED:

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1 ASHRAF P K PULLIKUNNU KANHIRATHADOM, ARAKKAPARAMBA P.O PERINTHALMANNA PIN-679322

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2 ABDUL BASHEER, 42,PULIKKUNNEN,12,THAZHEKODE P.O PERINTHALMANNA 679322 3 ISMAYIL AGED 28 YEARS PULLIKUNNU,ARAKKUPARAMBA,PERINTHALMANNA 679322 4 MUHAMMED RIYAS P R AGED 24 YEARS PULLIKUNNU HOUSE,ARAKKUPARAMBA P.O.,PERINTHALMANNA 679322 5 GAFOOR AGED 41 YEARS PULLIKUNNU HOUSE,ARAKKUPARAMBA,PERINTHALMANNA 679322

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BY ADVS. SRI.MANSOOR.B.H. MANSOOR B.H .ADVOCATE MANSOOR B H RESPONDENT:

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

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R1 BY PUBLIC PROSECUTOR

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4466 OF 2020 2

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ASHOK MENON, J

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============================

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BAIL APPLICATION NO. 4466/2020

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==============================================

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DATED THIS THE 14th DAY OF AUGUST, 2020

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O R D E R

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Application for anticipatory bail under Section 438 Cr.P.C.

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The applicants are accused in Crime No. 709/2020 of Perinthalmanna Police Station, Malappuram District for having allegedly committed offences punishable under Secs. 143, 147, 148, 341, 324, and 326 of the IPC.

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The prosecution case, in brief, is that on 10.07.2020 at about 10 P.M., the applicants were all members of an unlawful assembly, and in the prosecution of their common object, they attacked the defacto complainant and his friend armed with deadly weapons like iron rods, sticks etc., and caused grievous hurt to the defacto complainant. The injury was sustained to the head which could have proved fatal also. The applicants seek pre-arrest bail.

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I have heard the learned counsel for the applicants and the learned Public Prosecutor.

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Bail Appl..No.4466 OF 2020 3

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Anticipatory bail is an extraordinary remedy to be granted in

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exceptional circumstances only. Considering the gravity of the injury sustained by the defacto complainant, I am of the opinion that the applicants are definitely not entitled to a pre-arrest bail in this matter.

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In the result, the application is disposed of with a direction to the applicants to surrender before the Investigating Officer within two weeks. After their interrogation, they shall be produced before the jurisdictional Court, where they are at liberty to apply for a regular bail which shall be considered and disposed preferably on the

same day.

Sd/-

ASHOK MENON

JUDGE

Ashraf P K v. Public Prosecutor

Case brief

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What did the court decide?

Ashraf P K v. Public Prosecutor

Case brief

What is this about?

What did the court decide?

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