Bail application under Section 438 Cr.PC by accused charged with assaulting an Excise official and obstructing duty. The single judge rejected the plea for anticipatory bail due to the gravity of assaulting a public servant.
Anticipatory bail rejected; bailed persons directed to surrender before Investigating Officer within two weeks.
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 ASHOK MENON
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
Bail Appl..No.791 OF 2021
CRIME NO.26/2021 OF VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS:
1 VISHNU.B.C HANDRAN AGED 23 YEARS 157,KADAMBARI MANNARUKONAM,CHULLIMANOOR P.O NEDUMANGAD,THIRUVANATHAPURAM 695541
2 SUJITH CHINDRAN AGED 21 YEARS S/O CHINDRAN ASARI KARINGAYIL THOTTARIKATHU VEEDU;VALLYAMALA CHULLIMANOOR P.O'NEDUMANGAD THIRUVANANTHAPURAM,KERALA 695541
BY ADV. SRI.T.B.SHAJIMON
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.791 OF 2021
2
ORDER
Dated this the 4th day of February 2021
APPLICATION FOR ANTICIPATORY BAIL U/S 438 Cr.PC
The applicants are accused Nos. 1 and 2 in Crime No.26/2021 of Valiyamala Police Station,
Thiruvananthapuram for having allegedly committed offences punishable under Sections 143, 147, 294(b), 353 read with Section 149 of the IPC. Subsequently, the offence under Section 332 is also incorporated.
Bail Appl..No.791 OF 2021
3
officials and slapped the de facto complainant, the Excise Inspector on his cheek and also deterred them from performing their duty as public servants by causing obstruction to their official jeep with a Motorcycle used by the accused persons. Crime was registered and the applicants apprehend arrest and therefore, they have approached this Court for anticipatory bail.
Bail Appl..No.791 OF 2021
4
swelling as also trauma. It is stated that since the Excise officials have attacked the applicants as in apprehension of action being taken against them, they have foisted this false complaint against the applicants and others. It is stated that the applicants had filed a complaint before the Human rights Commission and also before the Police officers. The copy of the complaint which was filed before the Human Rights Commission is Annexure-4. The applicants received a receipt for the complaint that they have lodged before the Valiamala Police Station. The applicants state that the offence under Section 323 was not incorporated in the FIR and the only offence was that of unlawful assembly and under Section 353 IPC and therefore, the applicants may be released on anticipatory bail.
Bail Appl..No.791 OF 2021
5
be questioned. But the applicants formed an unlawful assembly and attacked the public servants and deterred them from performing their duty and also slapped one of them. The offence under Section 332 even though not initially incorporated in the FIR, is explicit from the FI statement, and therefore, the applicants are not entitled to the exceptional and extraordinary remedy of an anticipatory bail, after having assaulted an Excise official on duty, the application is therefore dismissed with a direction to the applicants to surrender before the Investigating Officer within two weeks. In the event of their being arrested, after interrogation, they shall be produced before the jurisdictional court, where they are at liberty to apply for a regular bail and the jurisdictional court shall consider their application for regular bail and dispose it preferably on the very same day.
(Sd/-) ASHOK MENON
JUDGE
AJ/04.02.2021
2 issues framed by the court
Whether the accused are entitled to anticipatory bail when charged with assaulting an Excise official on duty and forming an unlawful assembly.
Whether the incorporation of Section 332 IPC in the offence makes the accused ineligible for anticipatory bail.
3 provisions across 2 enactments
VISHNU.B.C HANDRAN
SUJITH CHINDRAN
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
