Single judge dismissed a bail application under Section 439 Cr.P.C. The applicant, charged with violent offences against his father, was denied bail due to his history as a notorious criminal who violated conditions in a connected case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
Bail Appl..No.234 OF 2021
CRIME NO.1076/2020 OF Vadakkanchery Police Station , Thrissur
PETITIONER/S:
JUSTIN JOSE AGED 20 YEARS PUZHITHARA HOUSE, NETAJI ROAD, ALUVA. 683101
BY ADV. SHRI.P.A.ISMAIL
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.234 OF 2021
- 2 -
O R D E R
Dated this the 2nd day of February 2021
This is an application seeking regular bail under Section 439
Cr.PC.
accused and subsequently, his rank was altered and now he is the
first accused in Crime No.1076/2020 of Vadakkanchery Police
Station for having allegedly committed offences punishable under
Sections 341, 324, 294(b) and 326 r/ w Section 34 of the Indian
Penal Code.
strained relationship with his father. His mother, the second accused, has pending litigations with his father and they were
involved in frequent squabbles. On 16.11.2020 at about 5 p.m., in
order to assault him, the applicant in furtherance of common
Bail Appl..No.234 OF 2021
- 3 -
intention with his mother, wrongfully restrained the de facto complainant, and attacked him by means of a dangerous weapon
like a sword and caused fracture to his leg and thus committed the
offence.
allegations are not true and that his father used to harass his
mother and that a case for domestic violence was lodged against his
father and he had only supported his mother, when she was attempted to be harassed by the de facto complainant and
therefore, he may be granted bail.
learned Public Prosecutor.
investigation is still going on. It is submitted by the learned Prosecutor that the applicant is a notorious criminal having six
Bail Appl..No.234 OF 2021
- 4 -
other crimes registered against him for offences ranging from Sections 427, 436 to 326 and 308 IPC. He was granted bail in a
connected crime with a condition that he shall not enter the jurisdiction limit of Vadakkanchery Police Station. But, violating that condition, he had committed this crime. Therefore, even imposing conditions could not deter him from getting involved in crimes, particularly against his own father. Therefore, the applicant cannot be released on bail at this stage.
The bail application is dismissed.
Sd/-
ASHOK MENON
JUDGE
jg
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 341, 324, 294(b) and 326 r/w Section 34 IPC.
Whether the applicant's history as a notorious criminal with prior bail conditions violated makes bail inappropriate.
1 provisions across 1 enactments
JUSTIN JOSE
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
