The High Court of Kerala granted anticipatory bail to the petitioners accused under Section 498A and 34 IPC of the IPC, observing compliance of a prior direction for appearance.
Anticipatory bail granted subject to bond with sureties and conditions for appearance, non-influence of witnesses and non-committal of offences.
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 21ST JULY 2011 / 30TH ASHADHA 1933
Bail Appl..No. 5189 of 2011()
----------------------------------------CRIME NO.366/2011 OF THE POLICE STATION, THRIKODITHANAM, KOTTAYAM DISTRICT -----------------------------------
PETITIONERS/ACCUSED 1 & 2
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1. BINU P.M., AGED 35, S/O.MAMMEN, PARAYATTU PADIJARETHIL HOUSE, KADAPRA VILLAGE, KADAPRA MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
2. BEENA, W/O.YOHANNAN P.G., AGED 38, PARAYATTU PADIJARETHIL HOUSE, KADAPRA VILLAGE, KADAPRA MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON
RESPONDENT(S): STATE
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THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, POLICE STATION, THRIKODITHANAM, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
BY PUBLIC PROSECUTOR SRI.TEK CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.T.SANKARAN, J.
B.A.No. 5189 OF 2011
Dated this the 21st day of July, 2011
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.366 of 2011 of Thrikodithanam Police Station.
B.A.No. 5189 OF 2011 2
“ 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the first petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer on 14th and 15th July, 2011.”
B.A.No. 5189 OF 2011 3
on their executing bond for `10,000/-(Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:
The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN, JUDGE .
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1 issue framed by the court
Whether to grant anticipatory bail to the petitioners accused under Section 498A and 34 IPC.
2 provisions across 2 enactments
Binu P.M.
Beena
State
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
