The High Court allowed an application for anticipatory bail, noting the subsequent settlement of the dispute, and issued directions for the petitioners to appear before the magistrate and the investigating officer.
Petition allowed; directions issued to appear before Magistrate for regular bail and the Investigating Officer 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 THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929
Bail Appl..No. 637 of 2008()
CR. NO.791/07 OF GURUVAYOOR POLICE STATION
PETITIONERS : ACCUSED;
BY ADV. SRI.RAJIT SRI.RANJIT BABU
RESPONDENTS: -------------
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JAI GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 637 OF 2008
Dated this the 21st day of February, 2008
ORDER
Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Sec.452 read with Sec.149 of the IPC. The de facto complainant alleged that a group of miscreants had trespassed into his shop room and had assaulted him when he refused to pay the donation as demanded by them. The alleged incident took place on 28/12/07. Investigation is in progress. The petitioners apprehend imminent arrest.
B.A. No. 637 OF 2008 -: 2 :-
(i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 28/2/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 29/2/08 and 1/3/08. Thereafter the petitioners shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so.
B.A. No. 637 OF 2008 -: 3 :-
(iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall 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 the petitioners were arrested prior to their surrender on 28/2/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 28/2/08.
(R. BASANT, JUDGE)
Nan/
1 issue framed by the court
Whether anticipatory bail should be granted in view of the subsequent settlement of the dispute between the parties.
1 provisions across 1 enactments
SURESH M.S., RAJESH.P., RAMESH.A., RAJESH
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
