Grant of Bail- Accused not entitled to Bail if he had a Prominent Role in the Offence

0
198

August 09, 2018

In this case, the High Court of Kerala noted that the accused Petitioner had played a prominent role in commission of an offence and hence was not entitled to grant of bail.

Also read All you Need to Know about Bail Application in India

Case name: K.A. Najeeb v. The Deputy Superintendent of Police, Kochi

In the case, the Petitioner accused by the Special Court for NIA Cases filed application for grant of Bail on the ground that that he had just provided a vehicle to the assailants to escape from the place of occurrence and waited near the place of occurrence with a car.

The Kerala High Court while denying relief to the accused noted that the accused had prior knowledge about the commission of offence and he had assisted and facilitated the commission of offence firstly, by arranging and providing a vehicle to the assailants to escape from the scene of occurrence after its commission. Secondly, he himself has waited near to the place of occurrence with the vehicle. Thus, he had a role in the commission of offence.

The Court also pointed that the accused took the assailants to a safe place and provided them with medical treatment in connection with the injury alleged to have been sustained by them during the course of commission of offence.

In view of the aforesaid facts, the High Court opined that the accused had played a prominent role in the commission of offence and hence was not entitled to grant of Bail.

Related Posts

SC Emphasizes on Deciding Bail Matters Judiciously and in Humane Manner

Can Bail be Granted For Non-Bailable Offences?

SC: Grant of Anticipatory Bail does not Automatically Entitle Accused to Regular Bail

Criteria for Cancellation of Bail is Different from Refusal of Bail