Anticipatory bail application dismissed because allegations involve serious offences of dacoity and theft with unrecovered loot, outweighing the applicant's claim of illness and lack of prior record.
Application for anticipatory bail dismissed; liberty to apply for regular bail upon arrest and before jurisdictional court.
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
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
Bail Appl..No.2039 OF 2021
CRIME NO.1601/2020 OF Kadinamkulam Police Station , Thiruvananthapuram
PETITIONER/S:
SHAMBHU AGED 28 YEARS PUTHUVAL PUTHAN VEEDU,THIRUVALLAM VILLAGE, THIRUVALLAM P O TRIVANDRUM 695027
BY ADV. SRI.B.THARIF
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.2039 OF 2021 2
O R D E R
Dated this the 30th day of March 2021
Application for anticipatory bail under Section 438 of Cr.P.C.
The applicant is the 9th accused in Crime No.1601/2020 of Kadinamkulam Police Station, Thiruvananthapuram for having allegedly committed offences punishable under Sections 457, 341, 294(b), 506(ii), 427 and 395 of IPC and under Sections 3 and 4 of the Explosive Substances Act and also Section 27 of the Arms Act.
by breaking the glasses in the jewellery and also stole jewellery worth Rs.1.5 lakhs from the shelves and decamped from there.
Bail Appl..No.2039 OF 2021 3
Bail Appl..No.2039 OF 2021 4
still continuing in the hospital and that the police officers had approached and because of his condition and the fact that he is admitted in the hospital, he could not be arrested. It is further pointed out by the learned counsel appearing for the applicant is that it was because of some dispute between the 1st accused's sister and the de facto complainant with regard to money lending business that they were conducting, a false case has been foisted against the applicant and the rest of the accused. Hence, the applicant seeks anticipatory bail.
After having heard the submissions made on both sides, I find that the accusation made against the applicant is very grave in nature. He has allegedly committed dacoity along with the rest of the accused and decamped with jewellery worth Rs.1.5 lakh, which is yet to be recovered. Under the circumstances, the applicant cannot be granted the discretionary relief of anticipatory bail. The fact that the applicant is bedridden, and is not in a position to move around can be considered at the time of arresting the accused. The application is therefore dismissed. In the event of the applicant being arrested, after interrogation, he
Bail Appl..No.2039 OF 2021 5
shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail, which shall be
considered and preferably disposed of on the very same day.
SD/-
ASHOK MENON
JUDGE
rmm
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail despite the gravity of the alleged offence of dacoity and the high value of stolen jewellery?
4 provisions across 4 enactments
SHAMBHU
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ASHOK MENON
Parties & counsel
