Kerala High Court granted anticipatory bail in a case involving offences under IPC sections 143, 147, 324, 308 and 506. Petitioners were directed to appear periodically and not influence witnesses.
Anticipatory bail granted on execution of bond for Rs. 25,000 with two sureties subject to specific reporting and conduct conditions.
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 K.T.SANKARAN
FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931
Bail Appl..No. 3837 of 2009()
-------------------------------------CRMP.1444/2009 of DISTRICT COURT, PALAKKAD CRIME NO.163/2009 OF KOZHINJANPARA POLICE STATION.
PETITIONERS/ACCUSED 1 & 2:
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENT/STATE:
SRI. TEKCHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No.3837 of 2009
Dated this the 7th day of August, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.163/2009 of Kozhinjanpara Police Station.
B.A. No.3837/ 2009
Page numbers
wounds, though the allegation is that accused Nos.1 and 2 stabbed the defacto complainant with knives.
case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/-each with two solvent sureties for the like amount
to the satisfaction of the officer concerned, subject to the following conditions:
B.A. No.3837/ 2009
Page numbers
The Bail Application is allowed to the extent indicated
above.
The observations made herein above are intended only for the purpose of disposal of this Bail Application and it shall not
be treated as observations on merit.
K.T. SANKARAN, JUDGE
scm
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
What conditions should be imposed on the grant of bail.
2 provisions across 2 enactments
Premadas
Prakasan
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
