This judgment dismisses an anticipatory bail application filed against the 7th accused in a crime alleging affray, kidnapping, and illegal detention. The court held that due to the seriousness of allegations and need for custodial interrogation, bail was not viable.
Anticipatory bail application stood 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944
BAIL APPL. NO. 483 OF 2023
CRIME NO.3/2023 OF CHANGARAMKULAM POLICE STATION
PETITIONERS/ACCUSED 1, 6 AND 7:
1 YADAV
AGED 22 YEARS
S/O RAVEENDRAN,
RESIDING AT VENGELA VALAPPIL HOUSE, KOLATH,
KOLOLAMBA, EDAPPAL.P.O, MALAPURAM, PIN - 679576
2ANOOP
AGED 22 YEARS
S/O RAJAN, RESIDING AT KEEZHVANCHERRY HOUSE,
THUYYAM, EDAPPAL.P.O, MALAPURAM, PIN - 679576
3VISHNU
AGED 19 YEARS
S/O RAVI, RESIDING AT VAKKETH HOUSE KOLATH,
KOLOLAMBA, EDAPPAL.P.O, MALAPURAM, PIN - 679576
BY ADVS.
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
PRAJIT RATNAKARAN
RESPONDENT/STATE:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT T V NEEEMA (SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
BAIL APPL. NO. 483 OF 2023
O R D E R
Dated this the 13th day of February, 2023
This is an application for anticipatory bail filed by
accused Nos.1, 6 and 7 in crime No.3/2023 of Changaramkulam police station.
well as the learned Public Prosecutor.
the learned Public Prosecutor in this matter.
pendency of this anticipatory bail application, accused Nos.1 and 6 were arrested. In view of the above, anticipatory bail at their instance has become infructuous. Accordingly, anticipatory bail application at their instance stands dismissed.
BAIL APPL. NO. 483 OF 2023
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BAIL APPL. NO. 483 OF 2023
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sent along with Bhasi on the next day. This is the basis on which the prosecution alleges commission of offences punishable under Section 143, 147, 148, 342, 365, 323, 324, 326, 308 and 149 of IPC.
BAIL APPL. NO. 483 OF 2023
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6
BAIL APPL. NO. 483 OF 2023
the same was restrained, he sustained injuries and fracture on his hand. The further allegation is that thereafter, they have disrobed the defacto complainant and taken video of the same. The further allegation is that Aniljith, Anurag and Vishnu tied defacto complainant’s hands and legs and put him into water under fear of death. Thereafter, he was taken to the house of Vignesh and illegally detained. Then he was brought to the house of Yadav and sister of Yadav, at 9 pm on the day of Christmas, and strongly warned to discontinue the relationship. Thereafter he was sent along with Bhasi on the next day. In the First Information Statement given on 02.01.2023, the defacto complainant specifically named the 7th accused as ‘Vishnu’ and narrated the overt acts at his instance. In this matter, as per the wound certificate prepared at 1.40 pm on 26.12.2022, assault against the defacto complainant by a group of persons at 7 pm is recorded. That apart, other injuries were also noted.
BAIL APPL. NO. 483 OF 2023
7
other accused persons have criminal antecedents and it is necessary to arrest and record the statements of the petitioner also in connection with the said crimes. On noticing the seriousness of the allegations, supported by the statements of the witnesses as well as the medical record, this case appears to be one where custodial interrogation is necessary, since the petitioner has an active role in this occurrence on par with all the other accused. Therefore, relief of anticipatory bail cannot be granted. Accordingly, this bail application stands dismissed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
BAIL APPL. NO. 483 OF 2023
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APPENDIX OF BAIL APPL. 483/2023
PETITIONER ANNEXURES
Annexure 1THE TRUE COPY OF THE FIR IN CRIME NO.
3/2023 DATED 2.1.2023 OF CHANGARAMKULAM
POLICE STATION
3 issues framed by the court
Whether anticipatory bail should be granted to the accused indicted in offences of affray, kidnapping and illegal detention.
Whether custody is required for custodial interrogation to record statements and collate testimony.
Whether the involvement of the accused is of such a seriousness as to warrant denial of anticipatory bail.
1 provisions across 1 enactments
VISHNU
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court