The Court rejected the petitioner's application for anticipatory bail. Considering the petitioner's active role in the incident, serious injuries sustained by the victim, and involvement in multiple other crimes, bail was denied.
Anticipatory bail denied; directive to surrender within one week.
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 6TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944
BAIL APPL. NO. 1530 OF 2023
CRIME NO.161/2022 OF Kannur City Police Station, Kannur PETITIONER/ACCUSED NO.3:
ALOSCIOUS DECRUS @ ALOSHY AGED 25 YEARSS/O ANDREW DECRUZ , DAS QUARTERS, BARNASSERY, KANNUR - 670001 BY ADV P.A.MUJEEB
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR , HIGHCOURT OF KERALA, ERNAKULAM, COCHIN – 682031 BY PP SRI JOSHY THANNICKAMATTAM
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.1530 of 2023
2
VIJU ABRAHAM, J.
B.A. No.1530 of 2023
................................................................. Dated this the 6th day of March, 2023
ORDER
This is an application for anticipatory bail.
Kannur City Police Station, registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code.
BA No.1530 of 2023
3
Thereupon, the first accused along with the son of the defacto complainant rushed to the spot and when they saw the defacto complainant in a drunken stage in his scooter, the first accused helped him to start the scooter and leave the place. As soon as he moved and reached near Burnassery Mosque, he fell down and sustained injuries. Learned counsel for the petitioner submits that all the other accused were released on regular bail and that the petitioner is ready to surrender before the investigating officer.
BA No.1530 of 2023
4
petitioner is not entitled for anticipatory bail. It is for the petitioner to surrender before the investigating officer and co-operate with the investigation. Petitioner undertakes that he will surrender before the investigating officer within a period of one week from today. In the event of arrest of the petitioner, he shall be produced before the jurisdictional Magistrate on the very same day. If an application for bail is filed with prior notice to the Public Prosecutor, the jurisdictional Magistrate may consider the bail application preferably on the very same day.
Bail application is disposed of accordingly.
Sd/-
VIJU ABRAHAM
cks
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the serious overt acts alleged and prior outstanding cases.
1 provisions across 1 enactments
Aloshious Decrus @ Aloshy
State of Kerala
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
