Bail application filed by two accused in a criminal case involving assault and affray. The court declined to grant anticipatory bail and directed the petitioners to surrender for regular bail consideration by the Magistrate.
Anticipatory bail denied; directed to surrender for regular bail consideration by the Magistrate after hearing the Public Prosecutor.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
Bail Appl..No. 3157 of 2012 ()
(CRIME NO.245 OF 2012 IN MANNANCHERRY POLICE STATION,ALAPPUZHA)
PETITIONERS/ACCUSED NOS. 1 AND 2:
1. JEROME, AGED 34 YEARS, S/O. OUSEPH, KANDANATTU HOUSE, KATTOOR MURI, KALAVOOR VILLAGE, ALAPPUZHA DISTRICT.
2. JOSEPH,, AGED 37 YEARS, S/O. OUSEPH, KANDANATTU HOUSE, KATTOOR MURI, KALAVOOR VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.S.MANU
SRI.S.K.PREMRAJ
RESPONDENT/COMPLAINANT:
1. STATE OF KERALA,
2. SUB INSPECTOR OF POLICE, MANNANCHERRY POLICE STATION,
ALAPPUZHA. (NOTICE TO THE RESPONDENTS MAY BE SERVED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).
R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
N.K.BALAKRISHNAN, J.
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Dated this the 11th day of June, 2012
O R D E R
Petitioners are accused Nos. 1 and 2 in Crime No.245/2012 of Mannancherry Police Station, Alappuzha District. The offences alleged against them are under sections 294(b), 324 and 308 r/w 34 of IPC.
If petitioners surrenders before the Police/Investigating Officer, after interrogation petitioners shall be produced before the Magistrate and if petitioners apply for bail the learned Magistrate will dispose of the same in accordance with law, but after hearing the learned APP as well and also after perusal of the case diary, if so required and also after considering the facts and circumstances of the case. If the Investigating Officer files application for police custody for further interrogation that shall also be considered by the learned Magistrate in accordance with law.
This petition is disposed of as above.
Sd/- N.K.BALAKRISHNAN, JUDGE.
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused under Sections 294(b), 324, and 308 of IPC.
What conditions are likely to be imposed if petitioners seek regular bail after surrender.
Jerome
Joseph
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
