The High Court of Kerala dismissed two applications for anticipatory bail filed by accused persons charged with offences of affray and voluntary assault under various sections of the Indian Penal Code.
Applications for anticipatory bail dismissed; petitioners directed to surrender for interrogation.
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 VIJU ABRAHAM
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
BAIL APPL. NO. 1389 OF 2022
PETITIONERS/ACCUSED 2 AND 5:
1ATHUL RAJ (A-2)
AGED 25 YEARS
S/O K. RAJAN, PEEDIKAYIL AYYATHU VEEDU,
PALLISSERIKKAL, SASTHAMCOTTA VILLAGE,
KUNNATHOOR THALUK, KOLLAM DISTRICT,
PIN - 690521
2JAYAKRISHNAN P (A-5)
AGED 20 YEARS
S/O.PADMAKUMAR, OTHARA VEEDU,
PALLISSERIKKAL,
SASTHAMCOTTA VILLAGE,
KUNNATHOOR THALUK,
KOLLAM DISTRICT,
PIN - 690521
BY ADV P.V.DILEEP
RESPONDENTS/COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682032
2THE STATION HOUSE OFFICER
SASTHAMCOTTA POLICE STATION,
SASTHAMCOTTA P.O, KOLLAM DISTRICT,
PIN – 690521
BY SMT.NIMA JACOB, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.08.2022, ALONG WITH BAIL APPL.NO.1418/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
BAIL APPL. NO. 1418 OF 2022
PETITIONERS/ACCUSED 3 AND 4:
1SUDHEESH MON S.(A-3)
AGED 28 YEARS
S/O. SOMAN T, CHARUVIL,
PALLISSERIKKAL, SASTHAMCOTTA VILLAGE,
KUNNATHOOR THALUK, KOLLAM DISTRICT,
PIN – 690521
2VIJO JOSEPH(A-4)
AGED 29 YEARS
S/O.JOSEPH, KALLUVILAYIL STAR HOUSE,
PALLISSERIKKAL, SASTHAMCOTTA VILLAGE,
KUNNATHOOR THALUK,KOLLAM DISTRICT,
PIN – 690521
BY ADV P.V.DILEEP
RESPONDENTS/COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN – 682032
2THE STATION HOUSE OFFICER,
SASTHAMCOTTA POLICE STATION,
SASTHAMCOTTA P.O,
KOLLAM DISTRICT,
PIN - 690521
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29.08.2022, ALONG WITH BAIL APPL.NO.1389/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
BAIL APPLN. NOS.1389 AND 1418 OF 2022
VIJU ABRAHAM , J.
=========================== Bail Appln. Nosbfg. 1389 and 1418 of 2022 ============================ Dated this the 29th day of August, 2022
ORDER
These are applications for anticipatory bail.
4
BAIL APPLN. NOS.1389 AND 1418 OF 2022
free-wheel against the friend of defacto complainant named Jishnu menon causing injury on the head and fore head. It is further alleged that the 5th accused assaulted with his hands against one Ananthu causing injury on the nasal bone.
5
BAIL APPLN. NOS.1389 AND 1418 OF 2022
In the result, these applications are dismissed.
Accordingly, petitioners shall surrender before the investigating officer in Crime No. 230/2022 of Sasthamcotta police station and subject themselves to interrogation. It is directed that in the event of arrest of the petitioners in Crime No.230/2022 of Sasthamcotta police station, the petitioners shall be produced before the Jurisdictional Magistrate’s Court on the very same day and if an application is made with prior notice to the learned Public Prosecutor, the same shall be considered by the Jurisdictional Magistrate preferably on the same day.
Sd/VIJU ABRAHAM JUDGE
nk
BAIL APPLN. NOS.1389 AND 1418 OF 2022
6
APPENDIX OF BAIL APPL.1389/2022
PETITIONER ANNEXURES
Annexure-1TRUE COPY OF F.I.R IN CRIME NO.
230/2022 OF SASTHAMCOTTA POLICE
STATION.
BAIL APPLN. NOS.1389 AND 1418 OF 2022
7
APPENDIX OF BAIL APPL. 1418/2022
PETITIONER ANNEXURES
Annexure-1TRUE COPY OF F.I.R IN CRIME NO.
230/2022 OF SASTHAMCOTTA POLICE
STATION, KOLLAM DISTRICT
2 issues framed by the court
Whether anticipatory bail should be granted to accused facing charges under the Indian Penal Code for assault and affray.
Whether the gravity of allegations and criminal antecedents justify denouncement of bail.
1 provisions across 1 enactments
Athul Raj and Jayakrishnan P
Sudheesh Mon S and Vijo Joseph
State of Kerala
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court