Single judge allowed bail application under Section 438 Cr.P.C. The petitioner, a co-accused accused of kidnapping and concealing a child sex offence victim, was released on bond after the court found custodial interrogation unnecessary.
Petitioner shall be released on bail on executing a bond for Rs. 25,000 with two solvent sureties each for like sum if arrested.
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 K.ABRAHAM MATHEW
TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937
Bail Appl..No. 1323 of 2015 ()
CRIME NO. 124/2015 OF MALA POLICE STATION ,THRISSUR DISTRICT
PETITIONER/2ND ACCUSED:
SANOJ, AGED 27 YEARS,S/O.SURESH, PALAPARAMBIL HOUSE, KUMBIDI DESOM, PALISSERY P.O., THRISSUR DISTRICT.
BY ADV. SRI.O.D.SIVADAS
RESPONDENT(S)/COMPLAINANT AND STATE:
1. SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA,
THRISSUR DISTRICT-680 001
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
B.A. No. 1323 of 2015
Dated this the 12th day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
Section 365 IPC and Sections 7 and 8 of the Protection of
Children from Sexual Offences Act. The allegation is that the first accused kidnapped a girl aged 16 years and the petitioner and the other co-accused helped him to conceal her.
necessary for effective investigation.
In the result, this application is allowed.
B.A. No. 1323 of 2015
2
interrogation on his executing a bond for Rs. 25,000/(Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
interrogation if he is so required by him in writing.
In case of violation of any of the above conditions,
the learned Magistrate is empowered to cancel the bail in accordance with the law.
K. ABRAHAM MATHEW JUDGE
DMR/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who allegedly helped in concealing the victim.
Whether custodial interrogation is necessary for effective investigation in this case.
4 provisions across 3 enactments
SANOJ
SUB INSPECTOR OF POLICE, MALA POLICE STATION
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
