Bail application by the first accused in a case of attempt to murder using a rented car to knock down a motorcyclist. The prosecution opposed bail citing criminal antecedence and KAAPA detention. Bail was dismissed, with liberty to seek appropriate relief if trial is delayed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
BAIL APPL. NO. 16 OF 2024
CRIME NO.586/2023 OF Ezhukone Police Station, Kollam
AGAINST THE ORDER DATED 19.12.2023 IN CRMC NO.2586 OF 2023
OF DISTRICT & SESSIONS COURT,KOLLAM
PETITIONER:
AMAL S,
AGED 26 YEARS
S/O SUNILKUMAR, REVATHI BHAVAN, EZHUKONE P.O.,
EZHUKONE, KOLLAM, PIN - 691505
BY ADV C.S.SUMESH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312 THE STATION HOUSE OFFICER, EZHUKONE POLICE STATION, EZHUKONE, KOLLAM, PIN - 691505BY SRI.C.K. SURESH, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.16 of 2024
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P.V.KUNHIKRISHNAN, J.
B.A.No.16 of 2024
-----------------------------------------------------Dated this the 27th day of February, 2024.
ORDER
Petitioner is the first accused in Crime No.586/2023
of Ezhukone Police Station, Kollam. The above case is registered against the petitioner and others alleging offences punishable under sections 324 and 307 r/w
Section 34 of the Indian Penal Code.
On 05.04.2023, accused Nos. 1 to 4 with the
common intention and preparation to commit murder of charge witness No.1, came in a white colour swift car took on rent by the 1st accused and driven by him and at
5.34 PM, while the defacto complainant was travelling
B.A. No.16 of 2024
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from Cheerankavu to Maranadu on his motor cycle and when he reached Chittakode, the accused came from behind in a swift car with a concealed number plate and hit on the motor cycle throwing him down on the road. It is alleged that the accused again came back in the car in high speed and tried to hit and run over the defacto complainant, which the defacto complainant evaded and escaped. Hence it is alleged that the accused committed the aforesaid offences.
B.A. No.16 of 2024
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considered the contentions of the learned counsel for petitioner and the learned Public Prosecutor.
B.A. No.16 of 2024
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appropriate stage.
With above observations, this Bail Application is
dismissed.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
smv
B.A. No.16 of 2024
: 6 :
APPENDIX OF BAIL APPL. 16/2024
PETITIONER ANNEXURES
Annexure 1FREE COPY OF THE ORDER DATED
19/12/2023INTHECRL.M.C.
NO.2586/2023 PASSED BY THE PRINCIPAL
SESSIONS JUDGE, KOLLAM.
1 issue framed by the court
Whether the first accused with criminal antecedents and under KAAPA detention should be granted bail in Crime No.586/2023.
2 provisions across 1 enactments
Amal S
State of Kerala, represented by Public Prosecutor
The Station House Officer, Ezhukone Police Station, Kollam
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court