Held that custodial interrogation is unnecessary given seized weapons, granting anticipatory bail subject to strict conditions including fixed deposit and reporting requirements, with bail cancellation possible for violations.
Grant of bail with fixed deposit of Rs. 7,500, alternate Saturday reporting, and no vice or witness intimidation.
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 THOMAS P.JOSEPH
THURSDAY, THE 5TH DAY OF DECEMBER 2013/14TH AGRAHAYANA, 1935 Bail Appl..No. 7996 of 2013 () ------------------------------CRIME NO. 1399/2013 OF KUNNICODE POLICE STATION , KOLLAM ACCUSED(S)/PETITIONERS: ----------------------1. KISHORE AGED 24 YEARS S/O.KRISHNA PILLAI, 'PRIYA BHAVAN', VILLOORMURI MELILA VILLAGE, KOLLAM DISTRICT. 2. MANOJ, AGED 29 YEARS S/O.MOHANAN PILLAI, M.N.NIVAS, VILLOORMURI MELILA VILLAGE, KOLLAM DISTRICT.
3. MANU AGED 23 YEARS S/O.MOHANAN PILLAI, M.N.NIVAS, VILLOORMURI MELILA VILLAGE, KOLLAM DISTRICT.
4. SUDHEESH @ SUDHI AGED 21 YEARS S/O.THULASEEDHARAN PILLAI, POIKAYIL HOUSE, VILLOORMURI MELIL VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.ANIL K.MOHAMMED SRI.V.S.MANSOOR
COMPLAINANT(S)/RESPONDENT: -------------------------STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R BY PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 0512-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
=========================
B.A.No.7996 of 2013
============================ Dated this the 05th day of December, 2013
O R D E R
Petitioners are accused Nos.1 to 4, in Crime No.1399 of 2013 of the Kunnikode Police Station for the offences punishable under Secs.341, 323, 324 and 326 r/w Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.
B.A.No.7996 of 2013
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final report in that case. On the date of the incident in this case, when amount was due from the second accused, the de facto complainant demanded payment. The second accused was unable to pay the amount. He was attacked. His hue and cry invited other accused to the spot.
Resultantly this application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.1399 of 2013 of the Kunnikode Police Station on 12.12.2013 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
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(iv) On such production, petitioners shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Petitioners shall jointly deposit `7,500/- (Rupees Seven Thousand Five Hundred Only) in a Nationalised Bank in their name for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
(b) In case the case is decided against the petitioners or any of them and compensation is awarded, such amount could be realised from the amount in deposit.
(c) Petitioners shall report to the officer investigating Crime No.1399 of 2013 of the Kunnikode Police Station on all alternate Saturdays between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(d) Petitioners shall report to the Investigating Officer as and when required for interrogation.
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(e) Petitioners shall not get involved in any offence during the period of this bail.
(f) Petitioners shall not intimidate or influence the witnesses in the case.
(e) In case petitioners violate condition Nos.c to f, it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/- THOMAS P.JOSEPH, JUDGE.
Sbna
True Copy
P A to Judge
1 issue framed by the court
Whether custody interrogation can be dispensed with and bail granted subject to conditions.
Colour shows how this judgement treated each authority
P.K Shaji Vs. State of KeralaReferred¶37
P.K Shaji Vs. State of Kerala (AIR 2006 SC 100) · Who else cites this
1 provisions across 1 enactments
Kishore
Manoj
Manu
Sudheesh @ Sudhi
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
