High Court allowed anticipatory bail application under Section 438 Cr.P.C. for accused in a riot and assault case, directing release on bond with sureties after interrogation.
Released on bail after interrogation executing bond for Rs.25,000 each with two solvent sureties for the like sum.
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
WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937
Bail Appl..No. 1856 of 2015 ()
CRIME NO. 36/2015 OF ALAKKODE POLICE STATION,KANNUR DISTRICT
PETITIONER(S)/ACCUSED :
1. NITHIN JOSE, S/O.JOSE ABRAHAM,AGED 25 YEARS, EDAPPADIYIL HOUSE, NALLAMPUZHA, PALAVAYAL VILLAGE, CHITTARICKAL,
KASARAGODE DISTRICT.
2. SONY SEBASTIAN,S/O.SEBASTIAN, AGED 25 YEARS, MANIVELIL HOUSE, NALLAMPUZHA,PALAVAYAL VILLAGE, CHITTARICKAL, KASRAGODE DISTRICT.
BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA
RESPONDENT/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, ALAKKODE POLICE STATION, KANNUR DISTRICT -670 571
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.ABRAHAM MATHEW, J
Bail Appln.No.1856 of 2015
Dated this the 20th day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
No.36/2015 of Alakkode Police Station regigistered for the offences under Sections 143, 147, 148, 341, 323, 324, 308, 506(1), 294(b) read with Section 149 of the Indian Penal Code. The allegation is that they along with the co-accused assaulted the victim with stone.
In the result, this application is allowed.
Bail Appln.No.1856 of 2015
2
interrogation if they are 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.
Sd/-
K.ABRAHAM MATHEW JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
NITHIN JOSE
SONY SEBASTIAN
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
