The Kerala High Court granted bail under Section 438 CrPC to the petitioner accused of a fight with his landlord. The court noted injuries to both sides and prior criminal action against the landlord.
Petitioner granted bail on Rs. 25,000 with two sureties; conditions imposed including surrender by 24.01.2013 and periodic appearance on Wednesdays.
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 P.BHAVADASAN
FRIDAY, THE 18TH DAY OF JANUARY 2013/28TH POUSHA 1934
Bail Appl..No. 137 of 2013 ()
CRIME NO. 783/2012 OF ALUVA POLICE STATION , ERNAKULAM DISTRICT.
PETITIONER/ACCUSED NO.1:
T.B. MAJEED, S/O. BAVA, AGED 42 YEARS, THOPPUKADAVIL HOUSE, EDAYAPURAM. P.O., ALUVA.
BY ADVS. SRI.SOORAJ T.ELENJICKAL, SRI.K.NIRMALAN.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.BHAVADASAN, J.
B.A. No.137 of 2013
Dated this the 18th day of January, 2013
ORDER
In a fight between the landlord, who is the de facto complainant, and the petitioner, who claims to be the tenant and who claims that he was thrown out forcibly, both suffered injuries and Crime No.783/2012 was registered against the petitioner and his wife and Crime No.795/2012 was registered against the de facto complainant in Crime No.783/2012.
B.A.No.137/2013 :2:
jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioner. The petition is allowed as follows:
P.BHAVADASAN,
Judge.
okb.
1 issue framed by the court
Whether the facts of the case are a fit case for granting anticipatory bail under Section 438 CrPC.
1 provisions across 1 enactments
T.B. Majeed
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
