High Court of Kerala granted anticipatory bail to the first accused in Crime No.36 of 2010 for offences u/s 341, 323, 324, 294(b), 308 IPC r/w 34 IPC, based on compliance of interim directions.
Anticipatory bail allowed with a bond of ₹15,000/- and two solvent sureties for like amount, subject to standard 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
THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931
Bail Appl..No. 725 of 2010
CRIME NO.36 OF 2010 OF NADAKKAVU POLICE STATION, KOZHIKODE
PETITIONER/1ST ACCUSED
C.K.MOHAMMED, S/O. ALI, AGED 50 YEARS, CHELAMKUNNUMMAL, KODUVALLY, KOZHIKODE 673 572. BY ADV. SRI.R.SUDHISH SMT.M.MANJU
RESPONDENT: COMPLAINANT -------------------------THE STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.V.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A. NO. 725 OF 2010
Dated this the 18th 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 petitioner is the first accused in Crime No.36 of 2010 of Nadakkavu Police Station, Kozhikode District.
“After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 9th and 10th March, 2010.
B.A. NO. 725 OF 2010
:: 2 ::
Post on 16.3.2010.
It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.36 of 2010 of Nadakkavu Police Station, Kozhikode.
The petitioner shall produce a copy of this order before the investigating officer.”
B.A. NO. 725 OF 2010
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The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN) Judge
ahz/
2 issues framed by the court
Whether anticipatory bail is maintainable under Section 438 CrPC for offences under Sections 341, 323, 324, 294(b) and 308 IPC read with Section 34 IPC.
Whether compliance with the direction to appear before the investigating officer prior to hearing the bail application warrants the grant of bail.
2 provisions across 2 enactments
C.K.Mohammed
The Station House Officer, Nadakkavu Police Station, Kozhikode, Through the Public Prosecutor
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
