Single judge court dismissed an application for anticipatory bail to several accused persons charged with offences under the IPC and Rights of Persons with Disabilities Act involving assault on a disabled individual.
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
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
BAIL APPL. NO. 943 OF 2023
CRIME NO.987/2022 OF ENATH POLICE STATION, PATHANAMTHITTA
PETITIONERS/ACCUSED 1, 3 TO 6:
1 SREEKUTTAN @ ANANTHU (A1) AGED 24 YEARS S/O PRASAD, MAHESH BHAVANAM, MELOOTTU COLONY, KUNNATHOOR, KUNNATHOOR THALUK, KOLLAM DISTRICT., PIN - 691540 2 SUDHI (A3) AGED 24 YEARS S/O MANEESH, SUJI MANDIRAM, THUVAYOOR SOUTH, THUVAYOOR SOUTH.P.O, ADOOR THALUK, PATHANAMTHITTA DISTRICT., PIN - 691551 3 ANEESH (A4) AGED 22 YEARS S/O VIJAYAN, PUTHENVILA VADAKKATHIL, MANAMPUZHA, KUNNATHOOR, KOLLAM DISTRICT., PIN - 691553 4 VINEESH (A5) AGED 22 YEARS S/O VIJAYAN, PUTHENVILA VADAKKATHIL, MANAMPUZHA, KUNNATHOOR, KOLLAM DISTRICT., PIN - 691553 5 AMBADI @ ABHINANDHU (A6) AGED 24 YEARS S/O BABU, ANANDU BHAVANAM, MANAMPUZHA, KUNNATHOOR, KOLLAM DISTRICT., PIN - 691553 BY ADV P.V.DILEEP
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 THE STATION HOUSE OFFICER ENATHU POLICE STATION, ENATHU .P.O, PATHANAMTHITTA DISTRICT., PIN – 691526 BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 943 OF 2023
ORDER
Dated this the 30th day of March, 2023
This is an application for anticipatory bail filed by accused Nos.1 and 3 to 6 in crime No.987/2022 of Enathu police station, Pathanamthitta.
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BAIL APPL. NO. 943 OF 2023
alleging commission of offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326 and 506(ii) of IPC as well as Section 92(a) and 92(b) of the Rights of Persons with Disabilities Act, 2016 was registered.
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BAIL APPL. NO. 943 OF 2023
occurrence and the defacto complainant sustained comminuted fracture of nasal bone, apart from other injuries noted in the wound certificate. Highlighting custodial interrogation and recovery of weapon, the learned Public Prosecutor opposed bail.
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BAIL APPL. NO. 943 OF 2023
noted.
BAIL APPL. NO. 943 OF 2023
6
custodial interrogation and recovery of weapon at the instance of the first petitioner and arrest and custodial interrogation of other petitioners are absolutely necessary in this matter. Therefore, this is not a fit case to grant anticipatory bail to the petitioners.
In the result, this petition stands dismissed.
Sd/-
A. BADHARUDEEN JUDGE
nkr
3 issues framed by the court
Whether anticipatory bail should be granted to the accused petitioners charged with offences under the IPC and the Rights of Persons with Disabilities Act.
Whether the assault on a person with disability justifies denial of bail.
Whether custodial interrogation and recovery of weapons are required to dispose of the case.
2 provisions across 2 enactments
SREEKUTTAN @ ANANTHU
SUDHI
ANEESH
VINEESH
AMBADI @ ABHINANDHU
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
