In a bail application under the Prevention of Damage to Public Property Act, the Kerala High Court dismissed the petition in special circumstances where the accused has criminal antecedents and corroborating evidence exists, directing surrender instead.
Application dismissed; direction to surrender to the Investigating Officer within two weeks issued.
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 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Bail Appl..No.1484 OF 2021
CRIME NO.1084/2020 OF THOPPUMPADY POLICE STATION , ERNAKULAM
PETITIONER/ACCUSED:
AJITH BABU, AGED 20 YEARS, PUTHYANIKATHIL HOUSE, PUTHUVAYPU P.O, KOCHI-1, ERNAKULAM PIN-682501
BY ADVS. SRI.J.ABHILASH SRI.B.R.VIJAYABABU
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
OTHER PRESENT:
SMT.V.SREEJA - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1484 OF 2021
2
ORDER
Dated this the 18th day of March, 2021
APPLICATION FOR ANTICIPATORY BAIL
The applicant is the 1st accused in Crime No. 1084 of 2020 of Thoppumpady Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 3 and 4 of the Prevention of Damage to Pubic Property Act, 1984 (for short the “PDPP Act”) . The prosecution case, in brief, is this:
B.A.No.1484 OF 2021
3
for anticipatory bail and the same was dismissed. The applicant, therefore, seeks indulgence of this Court. The 2nd accused has already been arrested and he has given a confession statement regarding the involvement of the applicant and moreover, there are also CCTV footages available to corroborate the statement given by the 2nd accused. Hence, the applicant is implicated as an accused. The applicant states that he is innocent and the allegations are not true. And, therefore, he seeks pre-arrest bail.
B.A.No.1484 OF 2021
The application is, therefore, disposed of with a
direction to the applicant to surrender before the Investigating Officer within two weeks. In the event of his arrest, after interrogation, he shall be produced before the jurisdictional court at the earliest, where he is at liberty to apply for a regular bail which shall be preferably considered and disposed of on the very same date.
With these observations, the bail application is
dismissed.
Sd/- ASHOK MENON JUDGE
NR/18/03/2021
1 issue framed by the court
Whether anticipatory bail should be granted to the first accused in a case involving destruction of public property.
1 provisions across 1 enactments
Ajith Babu
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
