The High Court at Ernakulam dismissed an application for anticipatory bail filed by the 4th accused in a case involving assault. The court held that arrest and custodial interrogation were necessary for meaningful prosecution given the serious nature of injuries sustained by the complainant.
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 A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
BAIL APPL. NO. 1275 OF 2023
Crime No. 54 of 2023 of Muzhakkunnu police station, Kannur.
PETITIONER:
HARIKRISHNAN.J.P,
AGED 22 YEARS
S/O. JAYAPRAKASH.P, KRISHNA BHAVAN, PADIKACHAL THILLERNKERI AMSOM,
PADIKACHAL DESOM, ULIYIL.P.O, KANNUR DISTRICT,, PIN - 670702
BY ADVS.
CIBI THOMAS
ANSIA K.A.
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
2THE STATION HOUSE OFFICER,
MUZHAKKUNNU POLICE STATION, KANNUR DISTRICT, PIN - 670703
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
P G MANU SRPP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 1275 of 2023
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O R D E R
Dated this the 24th day of March, 2023
This is an application for anticipatory bail filed by the 4th
accused in Crime No. 54 of 2023 of Muzhakkunnu police station, Kannur.
form part of the case diary including the wound certificate of Sri. Premarajan produced by the learned Public Prosecutor.
B.A. No. 1275 of 2023
..3..
throughout the body. Thus the prosecution allegation is that the accused herein assaulted the de facto complainant with intention to commit culpable homicide not among murder. Although the de facto complainant survived, he sustained multiple injuries. Thus recording the statement of the de facto complainant, crime alleging commission of offences punishable under Sections 341, 323, 324, 308 read with 34 of the IPC was registered and the same is on investigation.
B.A. No. 1275 of 2023
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injuries to corroborate the overt acts at the instance of the petitioners jointly. Going through the FIS continuous torture and manhandling at the instance of the accused herein jointly could be gathered. On perusal of the wound certificate, it has been stated under the head “history and the alleged cause of injury,” that he was attacked by using sticks and he lost consciousness at the time of the incident. In the Clinical Examination, the Doctor opined that the de facto complainant was unconscious with pain. That apart, the following injuries
were also noted in the wound certificate:-
Multiple contusions:-
1. 3x4 cm over (R) side of abdomen with tenderness;
2. 2x3 cm (L) side of abdomen with tenderness;
3. Linear contusion 6x2 cm over posterior aspect of (R) lower thigh tenderness;
4. contusion 1x3 (R) gluteal region with tenderness.
5. abrasion 1x1 cm (R) lateral aspect of upper thigh;
B.A. No. 1275 of 2023
..5..
6. linear contusion 10x2 cm (L) toe.
copy of the wound certificate, the allegations against the petitioner is well made out prima facie. Therefore, his arrest and custodial interrogation are necessary to effectuate eventful investigation and meaningful prosecution. As such, grant of anticipatory bail will spoil the investigation. Therefore, the petitioner did not deserve anticipatory bail. Accordingly, the bail application is dismissed.
Sd/-
A. BADHARUDEEN JUDGE
RMV
TRUE COPY
P.A.TO JUDGE
1 issue framed by the court
Whether anticipatory bail ought to be granted to the accused in a case alleging assault with intention to commit culpable homicide.
HARIKRISHNAN.J.P
STATE OF KERALA
THE STATION HOUSE OFFICER, MUZHAKKUNNU POLICE STATION
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court