Hon'ble High Court of Kerala granted anticipatory bail to three accused persons in a criminal trial, conditioning release on a bond and compliance with reporting and non-interference directives.
Anticipatory bail granted subject to executing a bail bond of Rs. 15,000 each with two solvent sureties for like amount and complying with specified 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. 912 of 2010
CRIME NO.105 OF 2010 OF HARIPPAD POLICE STATION
PETITIONERS/ACCUSED NOS. 1 TO 3
BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT: COMPLAINANT
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR OF POLICE, HARIPPAD.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
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. 912 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 petitioners are accused Nos.1 to 3 in Crime No.105 of 2010 of Harippad Police Station, Alappuzha District.
“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
B.A. NO. 912 OF 2010
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before the investigating officer at 9 AM on 9.3.2010 and 10.3.2010. The petitioners shall produce a copy of the order before the investigating officer.
Post on 16.3.2010.
It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.105 of 2010 of Harippad Police Station.”
well as the learned Public Prosecutor that the direction in the order dated 3.3.2010 has been complied with by the petitioners.
B.A. NO. 912 OF 2010
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The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN) Judge
ahz/
1 issue framed by the court
Whether anticipatory bail ought to be granted to the petitioners accused of offences under Sections 323, 308, 427 r/w 34 IPC.
2 provisions across 2 enactments
Kannan
Renjith
Sumesh
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
