In bail application 3368 of 2021 involving an accused charged with grievous injury and attempt to murder via an iron rod, the anil lal venu application denied anticipatory bail because the weapon was recovered only after arrest, making further interrogation essential.
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 K.HARIPAL
MONDAY, THE 5TH DAY OF JULY 2021 / 14TH ASHADHA, 1943 BAIL APPL. NO. 3368 OF 2021
CRIME NO.176/2021 OF Palarivattom Police Station, Ernakulam
PETITIONER/ACCUSED:
ANIL LAL VENU AGED 30 YEARS PALLEPANDATH HOUSE, EROOR NORTH P.O, KANAYANOOR, ERNAKULAM, PIN - 682036
BY ADV MANSOOR.B.H.
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
BY ADV.SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.3368 OF 2021
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O R D E R
The petitioner is the 3rd accused in crime No.176/2021 of Palarivattom Police Station which was registered alleging offence punishable under Sections 120(B), 323, 324, 326 and 307 read with 34 of IPC.
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the crime which requires to be recovered.
Investigating Officer. It is seen that the alleged incident had happened in the night between 08.03.2021 and 09.03.2021; the de facto complainant was attacked and grievously injured in the incident. The injuries noted are the following:
bone;
It is also stated that left decompressing craniotomy was done. He suffered acute sub dural haematoma which required evacuation. That means, the injured had suffered very serious injuries which required craniotomy.
The specific allegation against the petitioner, the third accused is that he had used an iron rod to attack the
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defacto complainant. Eventhough accused Nos.1 and 2 were arrested and released on bail, the alleged weapon of offence used by the petitioner is not recovered. That could be possible only after arresting and interrogating the petitioner. Therefore, this is not a fit case for granting anticipatory bail to the petitioner.
The application is dismissed.
Sd/-
K.HARIPAL
JUDGE
nkr/05.07.2021
1 issue framed by the court
Whether anticipatory bail should be granted to the accused who used an un-recovered weapon in a serious offence causing grievous injury.
1 provisions across 1 enactments
ANIL LAL VENU
STATE OF KERALA
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
