The Allahah High Court dismissed an application for anticipatory bail. The court found the petitioner was the mastermind behind a fatal attack carried out by his employees and denied bail due to the gravity of the offence.
Application for anticipatory bail dismissed. Petitioner was not entitled to anticipatory bail.
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 P.G. AJITHKUMAR
WEDNESDAY, THE 5TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943
BAIL APPL. NO. 8115 OF 2021
CRIME NO.1282 OF 2021 OF CHADAYAMANGALAM POLICE STATION
PETITIONER:
SAJAN RAJ
AGED 35 YEARS, S/O.SELVARAJ, NAVAS MANZIL, AERAM, THADIKKADU P.O., ANCHAL, KOLLAM.
BY ADV B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SRI.M.C.ASHI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR FINAL HEARING ON 22.12.2021, THE COURT ON 05.01.2022 DELIVERED THE FOLLOWING:
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P.G. AJITHKUMAR, J.
-----------------------------------------------------------
B.A.No. 8115 of 2021
----------------------------------------------------------Dated this the 5th day of January, 2021
O R D E R
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
The petitioner along with his wife went to Vazhuvelil petrol pump at Peringalloor in Edamulakkal to fill petrol in his car. There, he had an altercation with the defacto complaint. In cosequence of his grouse on that, the petitioner together with accused Nos. 2 and 3 reached in a car bearing Registration No.KL-24-T-7260 at about 8.00 p.m. on 11.10.2021 at the backyard of Silpa Restaurant situated on
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the eastern side of M.C.Road near the bridge at Ayoor. As instigated by the petitioner, the 2nd accused, using a sword and the 3rd accused using an iron rod, after coming out of the car, attacked the defacto complainant. He sustained serious injuries at his head and back. The accused did so in furtherance of their common intention of causing death of the de facto complainant.
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cases to his credit. He underwent even detention under the Kerala Antisocial Activities (Prevention) Act, 2007. The learned counsel accordingly submitted that the petitioner is entitled to get anticipatory bail.
out of the car driven by the petitioner, wielded with the
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weapons. The said aspects definitely point to the active involvement of the petitioner in the commission of the crime. Thus from the materials available on record, it can only be said that the petitioner was the mastermind behind the crime. The defacto complainant may be a person having criminal antecedents. That does not anyway lighten the gravity of the offence. Using dangerous weapons such as a sword and iron rod, the defacto complainant was attacked and inflicted serious injuries, that too at his vital parts of the body. From that it is clear that the accused had the intention to do away with the defacto complainant. In such circumstances, I am of the view that the petitioner is not entitled to get anticipatory bail. Hence the petition is dismissed.
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail despite serious allegations of attempted murder with dangerous weapons.
Whether the petitioner's alleged role as the mastermind justifies refusal of anticipatory bail.
2 provisions across 2 enactments
SAJAN RAJ
STATE OF KERALA
THE STATION HOUSE OFFICER CHADAYAMANGALAM POLICE STATION
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
