In a bail application dated 12.11.2020, the court disposed of the petition after noting the completion of investigation and charge sheet. The court directed the applicants to surrender before the jurisdictional court and apply for regular bail.
Application disposed of with direction to surrender and apply for regular bail.
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 ASHOK MENON
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Bail Appl..No.5084 OF 2020
CRIME NO.159/2018 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA
PETITIONERS/ACCUSED:
1 RAJEESH, AGED 35 YEARS, KUDIYIRUP PURAYIDOM, MANNARAMALA, PATHANAMTHITTA PIN-685645
2 RAJEEV, AGED 65 YEARS, KUDIYIRUP PURAYIDOM, MANNARAMALA, PATHANAMTHITTA PIN-689645
BY ADV. SHRI.RAHUL S.R.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
2 SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA, PIN-685645
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.AJITH MURALI - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.5084 OF 2020
2
ORDER
Dated this the 12thday of November, 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicants are accused in Crime No.159 of
2018 of Pathanamthitta Police Station, Pathanamthitta, for
having allegedly committed offences punishable under
Sections 447, 341, 324 and 308 and r/w Section 34 of the
IPC. The prosecution case, in brief, is this:
2.On 23.01.2018 at about 7.00 P.M., the applicants,
in furtherance of common intention, trespassed into the
compound of the defacto complainant's house and
wrongfully restrained him and attacked him by means of a
dangerous weapon like a knife and attempted to commit
culpable homicide, not amounting to murder. The
applicants state that the allegations are not true and that
they are innocent and that they have no involvement in the
crime.
B.A.No.5084 OF 2020
3
3.Heard the learned counsel appearing for the
applicants and also the learned Public Prosecutor. The
learned Public Prosecutor submits that the investigation is
already complete and that the charge sheet has already
been impleaded. Under the circumstances, the
apprehension that the applicants may be arrested is
misconceived.
Hence, the application is disposed of, with a direction to the applicants to surrender before the jurisdictional court and apply for regular bail .
Sd/-
ASHOK MENON
JUDGE
NR/12/11/20
2 issues framed by the court
Whether the anticipatory bail application should be allowed given the completion of investigation and charge sheet.
Whether the applicants should be directed to surrender and apply for regular bail instead.
5 provisions across 1 enactments
SAJEESH
RAJEEV
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court