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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
C.H. Sali S/o Hassankutty – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. Petitioner is the first accused in Crime No.193 of 2025 of Thrikkunnapuzha Police Station, Alappuzha. The offences alleged against the petitioner are those under sections 189(2), 191(2), 191(3), 190, 115(2), 117(2), 118(1), 118(2), 296(b) and 109 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
2. According to the FIR, accused 1 to 7 formed themselves into an unlawful assembly armed with dangerous weapons like iron rods and sword sticks, and attacked the defacto complainant with the intention to murder him, due to the enmity for not withdrawing the case against accused 1 and 5. On 23.03.2025 at around 7.10 pm, first accused after exhorting to murder the defacto complainant, hit him on his left ribs and when he fell down, the other accused stamped him on various parts of his body and the second accused hit him with a sword on the head while the first accused abused him and again hit him with the iron rod on the head and the defacto complainant sustained fracture of the ribs and nasal bone and suffered grievous injuries and thereby the accused committed the offences alleged.
3. Sri. P. Vijaya Bhanu, the learned Senior Counsel instructed by Adv. A Rajasimham, vehemently
In serious offences like attempt to murder, anticipatory bail is denied unless allegations are prima facie false or involve police malafides, as it may hinder investigation.
The court determines that limited custody for interrogation and specific bail conditions are justified given the lack of direct allegations against the petitioner.
Anticipatory bail granted despite non-recovered weapons; IO can investigate/recover while on bail.
Anticipatory bail can be denied in serious cases where custodial interrogation is essential for the ongoing investigation.
Court emphasized the necessity of evaluating the severity of the accused's actions when granting bail, particularly in relation to cumulative allegations.
Anticipatory bail denied where arrest and custodial interrogation deemed necessary due to the severity of allegations.
Anticipatory bail granted due to lack of serious overt acts attributed to the petitioner compared to co-accused.
Anticipatory bail granted considering the nature of accusations and personal circumstances of the petitioners.
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