Bench dismissed an application for anticipatory bail filed by accused alleged of arson arising from a protest. Court held the offence was serious, triable under sessions court, and custody was necessary for investigation based on police report.
Bail application dismissed; arrest and custodial interrogation upheld as necessary.
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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. 6676 OF 2021
CRIME NO.455 OF 2021 OF CHERTHALA POLICE STATION,
ALAPPUZHA
PETITIONERS:
1 KANNAN AGED 45 YEARS, S/O. SUBRAHMANIYAN PILLAI, PANAMPUDATHI, CMC-19, CHERTHALA, ALAPPUZHA, PIN-688 504.
2 SUDHEESH KUMAR, AGED 30 YEARS, S/O. PONNAPPAN, SUDHEESH NIVAS, VAYALAR, PATTANAKKADU, CHERTHALA, ALAPPUZHA, PIN-688 524.
BY ADV B.PRAMOD
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE 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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P.G. AJITHKUMAR, J.
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B.A.No. 6676 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.455 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.
25.02.2021, the petitioners in furtherance of their common intention of causing mischief, set ablaze the scrap shop run by the defacto complainant's son at Cherthala X-Ray Junction, causing a loss of Rs.4 lakhs.
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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
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted in a case alleging arson during a protest.
Whether the investigation stage and severity of the offence preclude discretionary bail relief.
2 provisions across 2 enactments
KANNAN
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
