In a bail petition challenging remand to judicial custody for offences including Section 302 IPC and Explosive Substances Act, the High Court held that since this was the second petition and no change in circumstances had occurred, bail was not inclined to be granted and the petition was dismissed.
Bail petition of the petitioner arrayed as A9 is 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.
Crl.O.P.No.24520 of 2023
Crl.O.P.No.24520 of 2023
SATHI KUMAR SUKUMARA KURUP, J,
The Petitioner, who was arrested and remanded to judicial custody on 14.08.2023 for the alleged offences punishable under Sections 147, 148 and 302 of IPC, 1860 and 120B r/w Section 3 of Explosive Substances Act, 1908 in Crime No.524 of 2023, on the file of the Respondent Police, seeks bail.
son namely Albert was doing the work of supplying company building materials to T.Sugami Precision. In the meantime, the M.D of the above said Company given the above said supplying work and other works to one Suresh. The said Suresh and others gave trouble to his son. On 05.08.2023, at about 6.00p.m., the Defacto Complainant's son and his friends were sitting on the grounds of the above mentioned Company and drinking tea. At that time, the Petitioner and Others came on two motor cycles has exploded country bomb against his son. He escaped from that and ran away. At that time, the accused persons also stabbed his son with knife and escaped from the scene of occurrence. The Defacto complainant's son had sustained fatal
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Crl.O.P.No.24520 of 2023
injuries and died on the spot. Hence, the case.
occurrence. The said occurrence took place on 05.08.2023 and he was remanded to judicial custody on 14.08.2023. She has further submitted that the petitioner is a College Student, to that effect, she has produced the Petitioner's College Fees payment Challan. She also stated there is no specific overt act against the petitioner. Hence, she prays to grant bail to the Petitioner.
alleged occurrence took place on 05.08.2023 and the role played by the Petitioner herein who is arrayed as A9. He is having no previous case. He has also submitted that the investigation was almost completed. He further submitted that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.22435 of 2023 dated 29.09.2023. However, he opposed to grant bail to the Petitioner.
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Crl.O.P.No.24520 of 2023
Additional Public Prosecutor and perused the materials available on record including the First Information Report.
considering that this is the second bail petition and there is no change in
circumstances, this Court is not inclined to grant bail to the petitioner.
20.10.2023
cda
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Crl.O.P.No.24520 of 2023
SATHI KUMAR SUKUMARA KURUP, J.,
cda
Crl.O.P.No.24520 of 2023
20.10.2023
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2 issues framed by the court
Whether bail should be granted to the petitioner who is arrayed as A9 despite being a college student and having no specific overt act against him.
Whether the court can consider the circumstances new after a prior bail petition was dismissed.
1 provisions across 1 enactments
Sathi Kumar Sukumara Kurup
State / Police
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
