The High Court of Kerala granted anticipatory bail to two petitioners, who feared arrest in a cheque-related case, in view of the poor investigation status due to a missing key witness.
Bail granted for one month on bond of Rs.10,000 with two sureties subject to weekly reporting and conditions to not tamper with evidence or commit offence of sequel.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND FEBRUARY 2007 / 13TH MAGHA 1928
Bail Appl..No. 355 of 2007()
---------------------------CRIME NO.5/07 OF KALIYAR POLICE STATION
: PETITIONERS/ACCUSED:
BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL
RESPONDENTS: COMPLAINANT:
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE SUB INSPECTOR KALIYAR POLICE STATION, IN CR.5/2007.
BY PUBLIC PROSECUTOR SHRI JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 355 OF 2007
- - - - - - - - - ----------------------- - - - - - - DATED THIS THE 2nd DAY OF FEBRUARY, 2007
O R D E R
Petitioners, who are brothers and who are the brothers-in-law of one Unni who is the brother of the de facto complainant and who is allegedly missing since 5.1.2007, seeks anticipatory bail on the allegation that they are apprehending arrest by the Kaliyar Police who have registered a case as Crime No.5/07 for an offence punishable under section 365 read with section 34 IPC.
even though the petitioners are arrayed as accused 1 and 2 in the above crime, the investigation could not be proceeded with, since the whereabouts of the missing person are still unknown to the Police. If so, the apprehension of arrest and harassment entertained by the petitioners appears to be well founded. Hence, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs.10,000/- with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:
B.A.NO.355/06
Page numbers
5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile.
If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR,JUDGE.
dsn
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners on the apprehension of arrest for alleged offence under sections 365 and 34 IPC.
2 provisions across 1 enactments
SANTHOSH N.B.
SAJESH N.B.
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
