The Court granted anticipatory bail to two accused persons facing charges for trespassing, causing hurt, insulting a lady's modesty, and using obscene language. Custodial interrogation was deemed unnecessary, and bail was allowed on specific conditions.
Release on bail in the event of arrest, restricted to three weeks duration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931
Bail Appl..No. 1284 of 2010() ----------------------------------------CRMC NO.198/2010 OF SESSIONS COURT, THRISSUR
....... (CRIME NO.18/2010 OF CHELAKARA POLICE STATION)
PETITIONER/ACCUSED PERSONS 1 AND 2:
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1. ASOKAN, S/O.RAGHAVAN,THATTANPURAKKAL HOUSE, THONNORKARA PO, CHELAKARA,THRISSUR DISTRICT.
2. PREMKUMAR, S/O.RAGHAVAN,THATTANPURAKKAL HOUSE,THONNORKARA PO,CHELAKARA,THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR)
RESPONDENT(S): STATE OF KERALA/COMPLAINANT: ---------------------------------------------------------------------------------
THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHELAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR MR. S.U.NAZAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
B.A.NO.1284 OF 2010 ------------------------------------------ Dated 10th March 2010
O R D E R
Petitioners are the accused in
crime No.18/2010 of Chelakara police station registered for the offences under Sections 452, 341, 323, 324, 294(b) and 354
read with Section 34 of Indian Penal Code. Petitioners approached the learned Sessions Judge, Thrissur for anticipatory bail. By Annexure-A1 order, it was dismissed. This
petition is filed under Section 438 of Code of Criminal Procedure to release them on bail in the event of their arrest.
Prosecutor were heard.
BA 1284/10
2
petitioners trespassed into the house of de facto complainant and caused hurt by beating him with a chapel and caught hold of the hand of the lady and thereby insulted her modesty and also scolded them using obscene language and thereby committed the offences. From the nature of the offences alleged, I do not find that custodial interrogation of the accused is mandatory. In such circumstances, petitioners are to be released on bail, in the event of their arrest.
Petition is disposed as follows. In the
event of arrest of the petitioners in crime No.18/2010 of Chelakara police station, they shall be released on bail on executing bond to the satisfaction of the Investigating Officer on the following conditions.
BA 1284/10
3
Investigating Officer as and when required.
threaten any person from disclosing facts known to them to the Investigating Officer or to the court.
without permission of the concerned Magistrate.
weeks and it is upto the petitioners to
approach the concerned Magistrate and seek regular bail.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether to grant anticipatory bail to accused persons in offences punishable under Sections 452, 341, 323, 324, 294(b), 354 and 34 IPC.
2 provisions across 2 enactments
Asokan
Premkumar
State of Kerala
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
