The High Court of Kerala allowed an application for anticipatory bail filed by two accused individuals facing allegations of attempted murder. The court issued directions for surrender, execution of bonds, and availability for interrogation.
Anticipatory bail granted subject to surrender, execution of bonds for Rs.25,000 each, and availability 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 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929
Bail Appl..No. 730 of 2008()
CRIME NO. 684/07 OF CHATHANNOOR POLICE STATION
PETITIONERS : ACCUSED NO.1 & 2
BY ADV. SRI.C.RAJENDRAN
RESPONDENTS:
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THE CHATHANNOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. S.U. NAZAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 20th day of February, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 and 2. They face allegations in a crime registered alleging the offence punishable, inter alia, under Section 308 I.P.C. The alleged incident took place on 25.12.2007. On account of personal prior animosity the petitioners had allegedly attacked the defacto complainant with an iron rod. He had suffered injuries. Investigation is in progress. The petitioners apprehend imminent arrest.
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They do not deserve to endure the trauma of arrest and detention. They
may be granted anticipatory bail, prays the learned counsel.
the allegations as also the nature of injuries which are described in the wound certificate. The learned Prosecutor does not oppose the application.
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate on 27.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds
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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.
(b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 28.2.08 and 29.2.2008 and thereafter between 10 and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so.
(c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 27.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law.
(d) If the petitioners were arrested prior to their surrender on 27.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 27.2.2008.
(R. BASANT) Judge
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2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the accused apprehending arrest.
Whether directions for surrender and execution of bonds should be issued alongside the grant of bail.
1 provisions across 1 enactments
BENNY
ANEESH @ ANI
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
