Single line order dismissing anticipatory bail application. Petitioners accused in assault case denied bail on grounds of active involvement and pending investigation for recovery of stolen phone and cash. Directed to surrender within two weeks.
Applicants directed to surrender before investigating officer within two weeks; no anticipatory bail granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942
Bail Appl..No.6897 OF 2020
CRIME NO.668/2020 OF Kenichira Police Station, Wayanad
PETITIONERS/A3 & A4:
1 SARATH N.S AGED 25 YEARS NEDUMULA HOUSE MOODAKOLLY IRULAM VILLAGE SULTHAN BATHERY TALUK WAYANAD – 673579.
2 SANEESH AGED 28 YEARS S/O KUNHUMON P ALAKKAPARAMBIL HOUSE VAKERI PO IRULAM PO SULTAN BATHERY 673579
BY ADV. SRI.M.P.ASHOK KUMAR
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY PUBLIC PROSECUTOR SRI C.N.PRABHAKARAN SR PP OTHERS PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
BA 6897/2020
O R D E R
Dated this the 9th day of December 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicants are accused 3 and 4 in Crime No.668/2020 of Kenichira Police Station for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 294(b), 506 and 394 read with Section 149 of IPC.
BA 6897/2020
3
from the applicants' active involvement in the assault of the de facto complainant, it is the third accused who had allegedly robbed the cell phone and cash from the de facto complainant which is yet to be recovered. The second applicant was also actively involved in assaulting the de facto complainant which resulted in the robbery. Considering these aspects, I find that the applicants will have to be interrogated and recovery will have to be affected. Therefore, they are not entitled to the extraordinary remedy of anticipatory bail in this case. The applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, they shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.
The bail application is disposed of as above.
Sd/-
ASHOK MENON
JUDGE
jg
2 issues framed by the court
Whether the applicants are entitled to anticipatory bail given accusations of active involvement in assault and potential recovery of stolen property.
Whether the applicants require interrogation and investigation before consideration of bail.
SARATH N.S
SANEESH
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
