The High Court of Kerala dismissed a bail application filed by an accused charged with murder and other offences, holding that the trial is at its final stage with only a few witnesses remaining, thus not a fit case for bail.
The Bail Application No.482 of 2021 was dismissed; the petitioner was not released on bail.
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 P.V.KUNHIKRISHNAN
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
Bail Appl..No.482 OF 2021
AGAINST THE ORDER IN CRMP 1018/2020 DATED 29-09-2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THIRUVANANTHAPURAM
CRIME NO.636/2019 OF Museum Police Station , Thiruvananthapuram
PETITIONER:
VISHNU S BABU AGED 37 YEARS VISHNU VIHAR, T.C 12-832, BARTON HILL, KUNNUKUZHY, THIRUVANATHAPURAM PIN-695035
BY ADV. SRI.C.RAJENDRAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PIN-682031
2 STATION HOUSE OFFICER AGED 45 YEARS MUSEUM POLICE STATION, THIRUVANTHAPURAM DISTRICT 695001
SR. GP-SRI. CHANDRASENAN D.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.482 of 2021 2
P.V.KUNHIKRISHNAN, J
B.A.No.482 of 2021
Dated this the 2nd day of February, 2021
O R D E R
This is a Bail Application filed under Section 439 of Criminal Procedure Code.
294(b), 341, 342, 324,326, 506(ii) and 302 r/w. 34 IPC.
3.The prosecution case in nutshell is that the petitioner and another murdered one Ani on 24.3.2019. The petitioner was arrested on 31.3.2019.
B.A.No.482 of 2021 3
Prosecutor.
6.The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the trial is in the fag end and only 8 more witnesses are to be examined. The Public Prosecutor also submitted that these witnesses are official witnesses. The Public Prosecutor also submitted that two other cases are registered against the petitioner because he tried to intimidate the prosecution witnesses. The Public
B.A.No.482 of 2021 4
Prosecutor also submitted that one of the witness gave evidence before the Court after getting police protection from the trial court. The Public Prosecutor submitted that the petitioner may not be released on bail .
(i) the nature of accusation and the
severity of the punishment in the case of conviction and the nature of the materials
B.A.No.482 of 2021 5
relied upon by the prosecution;
(ii) reasonable apprehension of tampering
with the witnesses or apprehension of threat to
the complainant or the witnesses;
(iii) reasonable possibility of securing the
presence of the accused at the time of trial or the likelihood of his abscondence;
(iv) character behaviour and standing of
the accused and the circumstances which are
peculiar to the accused;
(v) larger interest of the public or the
State and similar other considerations.
It is true that there is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be decided on
the basis of the facts and circumstances of that case. In the light of the general principles laid down in the above judgment
and considering the facts and circumstances of this case, I am
B.A.No.482 of 2021 6
of the opinion that this is not a fit case in which the petitioner can be released on bail. Hence this Bail Application is dismissed.
P.V.KUNHIKRISHNAN, JUDGE
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2 issues framed by the court
Whether the petitioner is entitled to release on bail considering the stage of trial and relevant factors.
Whether the bail application is a fit case for grant of bail under the facts and circumstances.
Colour shows how this judgement treated each authority
Chidambaram P v Central Bureau of InvestigationApplied¶34
Chidambaram P v Central Bureau of Investigation (AIR 2019 SC 5272) · Who else cites this
1 provisions across 1 enactments
VISHNU S BABU
STATE OF KERALA
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
