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2013 Supreme(Online)(KER) 16772
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
SHIJU P.K. – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./922/2013
Sri.P.Ramachandran, Sri.V.S.Sreejith
The absence of injuries in allegations and political motivations can influence bail decisions, but procedural compliance remains paramount.
Headnote:
Bail - Criminal Procedure - IPC Section List - The court examined the provisions under sections 143, 147, 148, 324, and 308 of IPC alongside Section 27 of the Arms Act 1959, emphasizing the need for evidence of injury and the implications of political motivations in determining the appropriateness of bail.
Fact of the Case:
The petitioners were accused of forming an unlawful assembly and committing various offences, including using deadly weapons, with allegations stemming from political enmity. They sought pre-arrest bail, claiming false implication and no injuries were reported.
Finding of the Court:
The court found that no injuries were sustained and noted the political context of the accusations. However, it declined to grant bail under Section 438 of the Cr.P.C, directing the petitioners to surrender for further legal proceedings.
Issues: Whether the petitioners were eligible for bail given the accusations of forming an unlawful assembly and wielding weapons without any injuries reported.
Ratio Decidendi: The decision highlighted that the absence of injuries and the possibility of political motives were crucial factors; nonetheless, the court prioritized procedural requirements over the plea for bail.
Final Decision: Petitioners directed to surrender before the Investigating Officer for further processing.
O R D E R
The petitioners are accused in Crime No.187/2013 of Kunnamkulam Police Station for offence under Sections 143 , 147, 148, 324 and 308 r/w 149 of IPC and Section 27 of the Arms Act 1959 .
2. Apprehending arrest, detention and torture at the hands of the Investigating Officer this petition is filed seeking an order directing the 2nd respondent to release the petitioners on bail, in the event of arrest with a plea that the petitioners are falsely implicated.
3. The learned Public Prosecutor would submit that the petitioners, being the members of unlawful assembly, are armed with deadly weapons like iron rod and the offences alleged was committed.
4. On the other hand the learned counsel for the petitioners would submit that no injury was sustained to any of the victims and that the case aroused out of political enmity.
B.A No.922 of 2013 : 2:
5. In the light of the submission made by the learned Public Prosecutor, I am not inclined to invoke jurisdiction under Section 438 of Cr.P.C.
In the above circumstance, this petition is disposed of directing the petitioners to surrender before the Investigating Officer within a week. The Investigating Officer, after arrest, interrogation and recovery, if any, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, after considering the plea of the petitioners that no injury was sustained to the defacto complainant.
P.S.GOPINATHAN Judge
