The High Court of Kerala granted bail to three petitioners accused under Sections 451, 354, and 323 IPC. The court held it was a fit case to exercise extraordinary jurisdiction, allowing conditional bail pending further investigation.
Petitioners granted bail on conditional surrender, reporting to IO, and not tampering with evidence or witnesses.
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
SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935
Bail Appl..No. 6522 of 2013 () ------------------------------CRIME NO. 976/2013 OF NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT
PETITIONERS/ACCUSED :
1. ABHIN DIVAKARAN, AGED 32 YEARS, S/O.DIVAKARAN, DRUMBIL, NEDUMKANDAM, IDUKKI DISTRICT.
2. ANJUMON P.G., AGED 33 YEARS, S/O.P.K.GOPINATHAN, PUTHANPURACKAL, MANDIYERUMA, IDUKKI DISTRICT.
3. VIKAS SULAIMAN, AGED 24 YEARS, S/O.SULAIMAN, ALUMMOOTTIL, NEDUMKANDAM P.O., IDUKKI DISTRICT.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT/STATE :
1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. (CRIME NO. 976/2013 OF NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT)
2. STATION HOUSE OFFICER, NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT - 685553 (CRIME NO. 976/2013 OF NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT)
BY PUBLIC PROSECUTOR SMT.P.MAYA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
P. BHAVADASAN, J.
B.A.No.6522 of 2013
Dated this the 5th day of October, 2013 O R D E R
The petitioners stand accused of having committed offences punishable under Sections 451, 354, 323 r/w Sections 34 of Indian Penal Code.
both sides have been injured.
B.A.No.6522 of 2013
2
Considering the nature of allegations against the petitioners, it is felt that it is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners.
B.A.No.6522 of 2013
3
Accordingly, the petition is allowed as follows :
B.A.No.6522 of 2013
4
fact, may take such steps as are available to it in law.
sd/-
(P. BHAVADASAN, JUDGE)
AMV/
/TRUE COPY/
P.A.TO JUDGE
2 issues framed by the court
Whether exceptional circumstances warrant granting bail to petitioners accused under Sections 451, 354, and 323 IPC despite pending investigation.
Whether the offence under Section 354 IPC can be attracted to the facts of the case involving a family dispute and suicide attempt.
1 provisions across 1 enactments
ABHIN DIVAKARAN
ANJUMON P.G.
VIKAS SULAIMAN
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
