Second anticipatory bail application by the first accused in a case of wrongful restraint and assault. The court noted the earlier application was rejected with liberty to surrender, which was disregarded, found no change in circumstances or merit, and dismissed the application.
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 MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
BAIL APPL. NO. 2555 OF 2024
CRIME NO.581/2023 OF VELLIKULANGARA POLICE STATION, THRISSUR
PETITIONER(S)/ACCUSED NO.1:
1SWAJITH
AGED 20 YEARS
S/O RAJEEV, MADAYATH HOUSE, KUTTICHIRA VILLAGE, DESOM & POST,
CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN - 680724
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
RESPONDENT( S )/STATE & I.O.:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2THE STATION HOUSE OFFICER
VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT, PIN – 680684
BY ADV.SANGEETH RAJ, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.2555 of 2024
2
MOHAMMED NIAS C.P., J.
B.A. No.2555 of 2024
Dated this the 14th day of May, 2024
ORDER
This is the second bail application filed by the petitioner apprehending arrest in Crime No.581 of 2023 of Vellikulangara Police Station, Thrissur registered for offences under Sections 341, 323, 326 and 34 of the Indian Penal Code, the 1st accused has filed this petition.
B.A. No.2555 of 2024
3
same, a second application is filed on 23.03.2024 through another counsel.
Taking note of the fact that the earlier application was rejected and liberty granted to surrender, which was also disregarded, I do not find any reason to entertain this application as there is hardly any change in circumstances. There is no merit at all in this application, the same would stand dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SKP/14-05
B.A. No.2555 of 2024
4
APPENDIX OF |
BAIL |
APPL. 2555/2024 |
|
|---|---|---|---|
PETITIONER’S |
ANNEXURES: |
||
ANNEXURE A1 |
THE TRUEVELLIKULAN |
COPYGARA |
OF THE FIR IN CRIME NO.581/2023 OFPOLICE STATION, THRISSUR DISTRICT |
ANNEXURE A2 |
THE TRUE08.08.2023HEALTH CEN |
COPYOFTER, |
OF THE O.P TICKET NO.50274 DATEDTHE PETITIONER ISSUED FROM COMMUNITYMATTATOOR |
ANNEXURE A3 |
THE TRUE08.08.2023HEADQUARTE |
COPYOFRS HO |
OF THE O.P TICKET NO.65.754 DATEDTHE PETITIONER ISSUED FROM TALUKSPITAL, CHALAKKUDY |
ANNEXURE A4 |
THE TRUETHE PETIHOSPITAL, |
COPYTIONECHALA |
OF THE O.P SHEETS DATED 10.08.2023 OFR ISSUED FROM TALUK HEADQUARTERSKKUDY |
ANNEXURE A5 |
THE TRUECRL.MC NO. |
COPY1570/ |
OF THE ORDER DATED 03.11.2023 IN2023 BY THE SESSIONS COURT, THRISSUR |
ANNEXURE A6RESPONDENTS' |
THE TRUENO.10258/2ANNEXURES:NIL |
COPY023 O |
OF THE ORDER DATED 13.12.2023 IN BAF THIS HON'BLE COURT |
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether a second anticipatory bail application should be entertained when the earlier application was rejected and the liberty to surrender was disregarded with no change in circumstances.
4 provisions across 1 enactments
Swajith
State of Kerala
The Station House Officer, Vellikulangara Police Station
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court