Single Judge allowed bail to the second accused in an assault case involving IPC Sections 506, 324, and 308, imposing strict conditions including monetary deposit, sureties, and reporting compliance.
Bail allowed subject to surrender for interrogation, posting of Rs. 20,000 bond with two sureties, Rs. 5,000 fixed deposit, and mandatory reporting.
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 JUNE 2014/15TH JYAISHTA, 1936
Bail Appl..No. 2643 of 2014
CRIME NO. 336/2014 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA
PETITIONER/2ND ACCUSED:
AUMKARNADH, AGED 21 YEARS, S/O. P.N.R.KURUP, KULATHINKAL HOUSE, MALLASSERY P.O., PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.V.SETHUNATH SRI.S.JUSTUS
RESPONDENTS/COMPLAINANT/STATE:
1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DIST, PIN-689 845.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
THOMAS P. JOSEPH, J
B.A.No.2643 of 2014
Dated this the 5th day of June, 2014
ORDER
Petitioner is the second accused in Crime No.336 of 2014 of the Pathanamthitta Police Station for offences punishable under Sections 506(ii), 324, 308 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.
B.A.No.2643 of 2014
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facto complainant also.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.336 of 2014 of the Pathanamthitta Police Station on 12.06.2014 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. (iv) On such production, the petitioner shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall deposit of Rs.5,000/- (Rupees five thousand only) in a Nationalized Bank in his name initially for a period of two years (renewable as per order of the learned
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magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioner and he is made liable to pay compensation to the defacto complainat, such compensation to the extent possible could be realized from the amount in deposit.
(d) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(e) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(f) Petitioner shall not intimidate or influence the
witnesses.
(g) Petitioner shall not, during the period of this bail get involved in any offence.
(v) It is made clear that in case any of condition Nos. (d) to (g) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal
B.A.No.2643 of 2014
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Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/
P.A. to Judge
3 issues framed by the court
Whether bail should be granted to the second accused apprehending arrest involving offences under Sections 506(ii), 324, and 308 IPC.
Whether custodial interrogation is required given the specific nature of allegations against the petitioner.
Whether bond forfeiture can be realized if the petitioner is held liable to pay compensation to the complainant.
Colour shows how this judgement treated each authority
P.K. Shaji V. State of KeralaDistinguished¶45
AIR 2006 Supreme Court 100 · Who else cites this
1 provisions across 1 enactments
Aumkarnadh
The Sub Inspector of Police, Pathanamthitta
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
