The High Court of Kerala rejected anticipatory bail for accused No.1 in an IPC case involving assault but granted it to accused No.2 subject to strict conditions including surrender within two weeks, bond execution, and specific affidavit undertakings.
Anticipatory bail granted to A2 subject to surrender, bond, and conditions; rejected for A1.
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 N.K.BALAKRISHNAN
FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934
Bail Appl..No. 5567 of 2012 () -----------------------------CRMC.1460/2012 of SESSIONS COURT,THRISSUR CRIME NO.1051/2012 OF KORATTY POLICE STATION -----------------
PETITIONERS/ACCUSED :-
1. SANTHOSH
2. MADHU
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN
RESPONDENT/STATE :-
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. No.5567 of 2012
Dated this the 10th day of August 2012
O R D E R
Petitioners are accused Nos.1 and 2 in Crime
No.1051/2012 of Koratty Police Station, Thrissur District. The offences alleged against them are under Secs.323, 324, 294(b) and 326 r/w 34 IPC. Apprehending arrest, this petition is filed for anticipatory bail.
The 2nd petitioner (A2) shall surrender before the Investigating Officer within two weeks from today. After
B.A. No.5567 of 2012
-: 2 :-
interrogation the 2nd accused shall be produced before the learned Magistrate. When applied for bail by the 2nd accused, the learned Magistrate will, considering the nature of the case, grant bail to the 2nd petitioner but on the following conditions:
a. The accused shall execute a bond for Rs.50,000/(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and that they should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will
B.A. No.5567 of 2012
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abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
N.K.BALAKRISHNAN, J UDGE.
Jvt
2 issues framed by the court
Whether anticipatory bail should be granted to accused No.1 given the overt act alleged.
Whether anticipatory bail should be granted to accused No.2 and what conditions should apply.
1 provisions across 1 enactments
SANTHOSH
MADHU
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
