This order grants bail to the petitioner, the first accused in a case involving obstruction and abuse of a police officer. The court held custodial interrogation unnecessary and imposed reporting and bond conditions.
Application allowed; petitioner to surrender for interrogation; released on bail of Rs.15,000 with conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 26TH DAY OF MAY 2014/5TH JYAISHTA, 1936
Bail Appl..No. 2419 of 2014 () -------------------------------
CRIME NO. 231/2014 OF VENJARAMOODU POLICE STATION, THIRUVANANDAPURAM
PETITIONER:
SUDHEER.S. AGED 38 YEARS S/O.LATE SHAMSEER MANZIL, MUKKUNNOR, VENJARAMOODU PO
BY ADV. SRI.SANU.S.PANICKER
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM CRIME NO.231/2014 OF VENJARAMOODU POLICE STATION THIRUVANANTHAPURAM DISTRICT)
2. SUB INSPECTOR OF POLICE VENJARAMOODU POLICE STATION THIRUVANANTHAPURAM DISTRICT
BY PUBLIC PROSECUTOR: ADV. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
====================================
B.A. No.2419 of 2014
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Dated this the 26th day of May, 2014
O R D E R
Petitioner is the 1st accused in Crime No.231 of 2014 of the Venjaramoodu Police Station for the offences punishable under Sections 143, 147, 341, 294(b) and 332 read with Sec.149 of the Indian Penal Code, apprehends arrest and has filed the application.
B.A. No. 2419 of 2014
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required. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.231 of 2014 on 02.06.2014 at 10.00 a.m for interrogation.
(ii) In case the petitioner is arrested he shall be released by the arresting officer on bail (if not required to be detained otherwise) on his executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum before the arresting Officer and subject to the following conditions.
(a) Petitioner shall report to the Officer investigating the case as and when required for interrogation.
(b) Petitioner shall not get involved in any offence during the period of this bail.
(c) Petitioner shall not intimidate or influence the
B.A. No. 2419 of 2014
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witnesses or the de facto complainant.
(iii) In case the petitioner violates any of conditions (a) to (c), it is open to the investigating Officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether bail should be granted to the petitioner charged under sections 143, 147, 341, 294(b), 332 IPC.
Whether custodial interrogation is required given the allegations of obstruction and abuse.
Colour shows how this judgement treated each authority
P.K. Shaji v. State of KeralaReferred¶37
P.K.Shaji v. State of Kerala (AIR 2006 SC 100) · Who else cites this
1 provisions across 1 enactments
Sudheer.S.
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
