High Court granted anticipatory bail to 13 accused persons in a case alleging offences under Section 326 read with Section 149 of IPC. Court found grievous injury allegation unjustified.
Anticipatory bail granted subject to conditions of surrender on 06/02/2008, execution of bond of Rs.25,000 each with two sureties, and appearance for interrogation.
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 R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 235 of 2008() ---------------------------CRIME NO.521/2007 OF PAZHAYANNUR POLICE STATION ....................
:PETITIONER/ ACCUSED ------------------------
BY ADV. SRI.M.B.PRAJITH
RESPONDENTS: COMPLAINANT
REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM.
CRIME NO. 521 OF 2007) THRISSUR.
BY PUBLIC PROSECUTOR SRI.JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J.
B.A.No.235 of 2008
Dated this the 30th day of January 2008
O R D E R
Application for anticipatory bail. The petitioners are accused 1 to 13. Altogether there are 13 accused persons. They face allegations in a crime registered alleging offences punishable inter alia under Section 326 read with 149 I.P.C. The alleged incident took place on 21/12/2007. Investigation is in progress. The petitioners apprehend imminent arrest.
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the circumstances explained above.
directions are issued under Section 438 Cr.P.C in favour of the petitioners.
i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 06/02/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.
ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 1 p.m on 07/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear as and when directed by the investigating officer in writing to do so.
(iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall
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thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all.
(iv) If they were arrested prior to 06/02/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 06/02/2008.
(R.BASANT, JUDGE)
jsr
B.A.No./08 4
B.A.No./08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007
1 issue framed by the court
Whether anticipatory bail is maintainable where the accused apprehend imminent arrest in a case involving Section 326 read with 149 I.P.C.
2 provisions across 2 enactments
MUTHU
MOHANAN
PAULSON
KANNAN
CHACKO
MANIKANDAN
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
