The High Court of Kerala granted anticipatory bail to four accused under Section 438 CrPC accused of offences under Sections 323, 324, 452 IPC, subject to specific conditions including reporting and ensuring surety.
Anticipatory bail granted; direction to release on bail upon arrest with bond of Rs.15,000 and 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 WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931
Bail Appl..No. 665 of 2010()
---------------------------CRIME NO.72/2010 OF NJARAKKAL POLICE STATION, ERNAKULAM ....................
PETITIONERS/ACCUSED
BY ADV. SRI.S.RAJEEV
RESPONDENT(S): STATE
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.72/2010 OF NJARAKKAL POLICE STATION).
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.665 of 2010
Dated this the 10th day of March, 2010
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 to 4 in Crime No.72 of 2010 of Njarakkal Police Station.
“After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 4th and 5th March, 2010. The petitioners shall produce copy of the order before the investigating officer.
BA No.665/2010
2
Post on 10th March, 2010.
It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.72 of 2010 of Njarakkal Police Station.”
case, the nature of the offence and also taking note of the fact that the direction in the order dated 24.2.2010 has been complied with by the petitioners, 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.15,000/each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:
BA No.665/2010
3
The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN,
JUDGE
csl
BA No.665/2010 4
BA No.665/2010
5
K.T.SANKARAN,
JUDGE csl
K.T.SANKARAN, J.
--------------------------------------------B.A.No.665 of 2010
--------------------------------------------Dated this the 24th day of February, 2010
ORDER
After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer.
BA No.665/2010
6
Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 4th and 5th March, 2010. The petitioners shall produce copy of the order before the investigating officer.
Post on 10th March 2010.
It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.72 of 2010 of Njarakkal Police Station.
K.T.SANKARAN,
JUDGE
csl
Hand over copy to both sides.
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioners accused under Sections 323, 324, 452 IPC.
Whether the compliance with the direction to appear before the investigating officer justifies granting anticipatory bail.
1 provisions across 1 enactments
Vinod, Manoj, Saneesh, Binu
State
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
