Allowed

A.v.Jayan v. State of Kerala

Kerala HC14 Jan 2013Bail Appl./62/2013

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to two accused persons charged with offences under Sections 332, 354, and 34 of the IPC. The court imposed standard conditions including surrender, reporting, and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted upon surrender and compliance with specific conditions regarding reporting, interrogation, and non-tampering with evidence.

A.v.Jayan Vs State of Kerala — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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MONDAY, THE 14TH DAY OF JANUARY 2013/24TH POUSHA 1934

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Bail Appl..No. 62 of 2013 (B) ----------------------------

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CRIME NO.371/2012 OF KENICHIRA POLICE STATION, WYNAD DISTRICT

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/PETITIONER/ACCUSED NUMBERS 1 AND 2: ------------------------------------

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1. A.V.JAYAN, AGED 46 YEARS, S/O VIJAYAN NAMBIAR, ALAKUNNEL HOUSE, ATHIRATTUKUNNU P.O., BATHERY TALUK.

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2. THANKA, AGED 40 YEARS, W/O SASI, PARAVOOR PANIYA COLONY, NADAVAYAL P.O., SULTHANBATHERY TALUK.

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BY ADVS. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SHO, KENICHIRA POLICE STATION.

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BY SRI.V.S.SREEJITH, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.BHAVADASAN, J.

B.A. No.62 of 2013

Dated this the 14^th day of January, 2013

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ORDER

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The petitioners are accused 1 and 2 in Crime No.371/2012 of Kenichira Police Station for having committed the offences punishable under Section 332, 354 and 34 of IPC.

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In fact, the incident which gave rise to the case is closely connected with the incident in Bail Application No.69/2013. While taking objections to the non-action of the Panchayat officials, the police tried to remove the protesters and in that mele, the clothe of the second petitioner was pulled away by a woman constable and the second petitioner was exposed to the public. In order to pull back the clothe from the woman constable, she bite on her hand and offence under Section 332 is alleged.

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After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioners. The petition is allowed as follows:

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i. The petitioners shall surrender before the Investigating

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B.A.No.62/2013 :2:

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Officer on or before 21.1.2013 who after interrogation shall produce them before the Judicial First Class Magistrate's court concerned, which court on application being moved by the petitioners shall release them on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court.

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ii. The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

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iii. The petitioners shall appear before the Investigating Officer for interrogation as and when required by him and shall report before him on every Wednesday between 9 a.m. and 10 a.m.

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iv. The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

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v. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.

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P.BHAVADASAN,

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Judge.

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okb.

A.v.Jayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.v.Jayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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