This judgment dismisses two joint anticipatory bail applications filed by accused persons in a criminal case alleging assault, criminal trespass, and destruction of property against a medical practitioner.
None granted; application for anticipatory bail dismissed.
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.
BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
BAIL APPL. NO. 3271 OF 2021
Crime No. 272 of 2021 of the Mala Police Station,
PETITIONER/ACCUSED:
AJO THOMAS, AGED 41 YEARS
SON OF THOMAS, KANNANGATH HOUSE, MALA KOTTAMURY
DESOM, KOTTAMURY P .O., CHALAKUDY TALUK,
THRISSUR DISTRICT, THRISSUR, PIN – 680732.
BY ADV N.L.BITTO
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682031.
OTHER PRESENT:
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.10.2022, ALONG WITH Bail Appl..3623/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
BAIL APPL. NO. 3623 OF 2021
Crime No. 272 of 2021 of the Mala Police Station,
PETITIONER/ACCUSED:
JOSHY, AGED 47 YEARS
SON OF ANTONY, KUNJUTHARA HOUSE, KAVANAD DESOM,
MALA P.O., VADAMA VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, THRISSUR, PIN – 680732.
BY ADV N.L.BITTO
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682031.
2ADDL. R2 JOSHY PEREPPADAN
AGED 47 YEARS
PEREPPADAN HOUSE, POST MALA PALLIPPURAM MALA,
THRISSUR,PIN-680732 IS IMPLEADED AS ADDL R2 AS PER
ORDER DATED 9/12/2021 IN CRL.MA.2/2021.
PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.10.2022, ALONG WITH Bail Appl..3271/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021
3
VIJU ABRAHAM, J
BA Nos.3271 & 3623 of 2021
Dated this the 7th day of October 2022
O R D E R
This is an application for anticipatory bail.
accused and in BA No.3623/2021, the petitioner is the first accused in Crime No. 272 of 2021 of the Mala Police Station, alleging commission of offences punishable under Sections 452, 341, 323, 324, 308, 294(b) r/w 34 of the Indian Penal Code.
was denied treatment by the defacto complainant, the petitioner along with other accused had trespassed into the property of the defacto complainant assaulted him by fisting and attacking by a wooden reaper. Defacto complainant sustained injury on his head including 7 stitches and thereby the accused have committed the aforesaid offences.
BAIL APPL. NO. 3271 OF 2021 & BAIL APPL. NO. 3623 OF 2021 4
learned Public Prosecutor.
BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021
5
Petitioners shall surrender before the investigating officer and after interrogation, they shall be produced before the Jurisdictional Magistrate on the very same day and if the petitioners move an application for bail with advance copy to the learned Public Prosecutor, the bail application shall be considered by the Jurisdictional Magistrate, preferably on the very same day.
sd/-
VIJU ABRAHAM, JUDGE
R.AV
1 issue framed by the court
Whether anticipatory bail should be granted given the serious allegations of assaulting a doctor and destroying clinic equipment.
1 provisions across 1 enactments
AJO THOMAS
JOSHY
STATE OF KERALA
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court