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2022 Supreme(Online)(KER) 7707

HIGH COURT OF KERALA
VIJU ABRAHAM, J
SIJO FENZER – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./2322/2022



Advocates:
RAFFEEKH.K

The court established that serious charges against a petitioner, especially involving violence against public servants, justify the denial of anticipatory bail.

Headnote:

Bail - Anticipatory Bail - IPC Sections 341,353,332,333 - Kerala Police Act Sections 117(a),117(e) - The court denied anticipatory bail, emphasizing the severity of the offenses and the circumstances surrounding the accusations against the petitioner.

Fact of the Case:

The petitioner faced allegations under IPC and Kerala Police Act, claiming false implication while being involved in multiple criminal cases, including assaulting police officers during an inquiry.

Finding of the Court:

The court noted the serious nature of the allegations, including physical assault on police officers leading to injury, and the petitioner's involvement in prior offenses, which led to the denial of anticipatory bail.

Issues: Whether anticipatory bail should be granted to the petitioner considering the nature of allegations and previous criminal involvement.

Ratio Decidendi: The court emphasized that the severity of the alleged crimes and the context of the incidents warranted the denial of anticipatory bail.

Final Decision: Anticipatory bail applications dismissed.

ORDER

Application for anticipatory bail.

2. B.A.No.2322 of 2022 related to Crime No.291 of

2021 of Agali Police Station, Palakkad District registered alleging commission of offences punishable under Sections 353 , 333 and 34 of IPC and Section 117 (e) of Kerala Police Act .

3. The prosecution case in brief is that on

30.05.2021, on 16.10.2021 at 6.30 pm the police party went to the house of the petitioner to enquire about the petitioner, who is an accused in Crime No.156/2021 of Agali Police Station. That time, allegedly the petitioner escaped from the scene by attacking the police officers.

4. B.A.No.2325 of 2022 related to Crime No.156 of

2021 of Agali Police Station, Palakkad District registered alleging commission of offences punishable under Sections 341 , 353 of IPC and Section 117 (a) of Kerala Police Act .

5. The prosecution case in brief is that on

30.05.2021, at 9.45 am the complainant civil police officer who was on duty at Mukkali, the accused was riding a two wheeler bearing registration No.KL 51 L 8032 and the complainant stopped the vehicle of the petitioner. The allegation is that when the petitioner was stopped by the complainant, the petitioner had caught hold of the collar of the complainant's shirt and pulled him down.

6. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

7. Petitioner contended that he is falsely implicated the above said crimes.

8. The learned Public Prosecutor upon instructions submitted that the offences alleged against the petitioner is very severe including obstruction caused to the public servant while on duty and that as per the allegation in Crime No.291 of 2021, the petitioner attacked and that in the said incident the defacto complainant sustained fracture and the 2nd accused also attacked the defacto complainant. It is also submitted by the learned Public Prosecutor that petitioner is involved in other cases, Crime No.156 of 2021 of Agali Police Station alleging the offences punishable u/Ss.341, 353, 332 of IPC and S.117 of K.P Act and also Crime No.219 of 2020 of Agali Police Station alleging the offences punishable u/Ss.325, 1(B)(a)of Arms Act.

Taking into consideration the serious nature of the allegation raised against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the above bail applications are dismissed.

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