An application for anticipatory bail was dismissed. The court held that the gravity of the offences involving arson on innocent property and the investigation's reliance on CCTV footage negated the availability of discretionary relief under Section 438 CrPC.
Application for anticipatory bail dismissed; custody ordered.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943 BAIL APPL. NO. 6668 OF 2021
CRIME NO.453 OF 2021 OF CHERTHALA POLICE STATION,
ALAPPUZHA
PETITIONERS:
1 KANNAN AGED 45 YEARS, S/O. SUBRAHMANIYAN PILLAI, PANAMPUDATHI, CMC-19, CHERTHALA, ALAPPUZHA - 688 524.
2 SUDHEESH KUMAR, AGED 30 YEARS, S/O PONNAPPAN, SUDHEESH NIVAS, VAYALAR, PATTANAKKADU, CHERTHALA, ALAPPUZHA - 688 524.
BY ADV B.PRAMOD
RESPONDENT:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SMT.C.SEENA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A.No.6668 of 2021
P.G. AJITHKUMAR, J.
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B.A.No. 6668 of 2021
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Dated this the 17th day of December, 2021
O R D E R
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
No.453 of 2021 of Cherthala Police Station. The offences alleged are under Sections 436 and 427 read with Section 34 of the Indian Penal Code, 1860.
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of the shop does not have any involvement in the incident,
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consequent to which the protest and demonstration had taken place. When property of innocent persons is devastated, it cannot be taken lightly. The offences involved are triable only by a court of sessions and are very serious in nature. It is a fact that since the offence was committed during night, possibility of getting too many eye witnesses may be difficult. The investigating agency reported that, on the basis of the CCTV footage and oral testimony of available witnesses, complicity of the petitioners has been established, and that their arrest and interrogation are absolutely necessary.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
3 issues framed by the court
Whether anticipatory bail can be granted under Section 438 CrPC given the serious nature of the offences and established complicity.
Whether the allegations of involvement in mob violence negate the need for custodial interrogation.
Whether dismissal of the bail application is maintainable on the facts.
2 provisions across 2 enactments
KANNAN S/O. SUBRAHMANIYAN PILLAI
SUDHEESH KUMAR
STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
