Single judge order on anticipatory bail application under Section 438 CrPC in a case of unlawful assembly and grievous hurt. Application dismissed with direction to surrender.
Application dismissed; applicant directed to surrender within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
Bail Appl..No.7771 OF 2020
CRIME NO.426/2020 OF Payangadi Police Station , Kannur
PETITIONER/S:
ABHISHEK.P, AGED 22 YEARS, S/O. BABU, VADAKKE PURAYIL HOUSE, MADAYI AMSOM, VENGARA.
BY ADV. SRI.V.BINOY RAM
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
BA 7771/2020
O R D E R
Dated this the 17th day of December 2020
Application for anticipatory bail under Section 438 Cr.PC.
The applicant is the first accused in Crime No.426/2020 of Pazhayangadi Police Station for having allegedly committed offences punishable under Sections 143, 147, 148, 447, 341, 323, 326, 294(b),
506(ii) & 308 read with Section 149 of Indian Penal Code.
3
BA 7771/2020
tympanic membrane of his ears, permanently affecting the hearing power of his ear, a grievous hurt.
4
BA 7771/2020
has to be seen whether it is actually a key or whether it is a dangerous weapon, used for the purpose of causing grievous injury to the de facto complainant. Under the circumstances, I find that the
applicant is not entitled to the extraordinary remedy of anticipatory bail in this case.
before the Investigating Officer within two weeks. In the event of his being arrested, after interrogation and recovery, he 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 applicant is entitled to anticipatory bail in a case involving alleged unlawful assembly and grievous hurt.
Whether the weapon used in the alleged offence affects the grant of anticipatory bail.
1 provisions across 1 enactments
ABHISHEK.P
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
