Dismissed
Athul Raj v. State of Kerala
Kerala HCBail Appl./7353/2022
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944
BAIL APPL. NO. 7353 OF 2022
CRIME NO.230/2022 OF Sasthamcotta Police Station, Kollam
PETITIONER/ACCUSED NO.2:
ATHUL RAJ(A-2),AGED 25 YEARS S/O K. RAJAN, PEEDIKAYIL AYYATHU VEEDU, PALLISSERIKKAL, SASTHAMCOTTA VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 690521 BY ADVS. AJITH MURALI MOHANAN M.K. SWAPNA VIJAYAN
RESPONDENTS/COMPLAINANT:
BY PP SRI.B.S.SYAMANTHAK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.7353 of 2022
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VIJU ABRAHAM, J.
B.A. No.7353 of 2022
................................................................. Dated this the 22nd day of February, 2023
ORDER
This is an application for anticipatory bail.
above-said crime. Petitioner further submits that even though he has moved an application for anticipatory bail earlier before this Court, the
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same was rejected as per Annexure A2 order, since certain material facts could not be placed before this Court at that point of time. It is contended that in fact serious overtact is alleged against the 1st accused and he is now released on bail. Petitioner, an engineer, was on the way from his duty from Chavara K.M.M.L., interfered in the incident to avoid the clash between the two groups. Moreover there is no specific allegation against the petitioner alleging any assault against the defacto complainant or others. The reason for dismissal of petitioner's earlier application is that he is involved in another case of similar nature. In fact it was a false case and in the said case he was acquitted also.
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a petition to cancel the bail granted to the petitioner in Crime No.221 of 2021, and the same is pending consideration.
Even though one of the crimes is stated to be quashed as per Annexure A3 order, in view of the involvement of the petitioner in two other crimes, I am not inclined to take a different view as taken in Annexure A2 order and the present bail application is accordingly dismissed.
Sd/-
VIJU ABRAHAM
cks
3 issues framed by the court
Whether to grant anticipatory bail to an accused falsely implicated in an affray case who was previously rejected in similar circumstances due to involvement in other pending crimes.
Whether the alleged false implication and previous acquittal in a similar nature case warrant a different view on the present bail application.
Whether the petitioner's involvement in other pending crimes precludes the grant of anticipatory bail despite the quashing of one case.
1 provisions across 1 enactments
Athul Raj
State of Kerala
Viju Abraham
As recorded by the court registry
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