The Single Judge allowed a bail application filed by two accused persons possibly facing allegations of obscenity, insult to modesty, and threats, finding the charges not serious enough to warrant custodial interrogation.
Petitioners released on bail after executing a bond for Rs.25,000 each with two solvent sureties each for the 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
WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937
Bail Appl..No. 195 of 2015 ()
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CRIME NO. 1143/2014 OF KOIPURAM POLICE STATION.
PETITIONERS/ACCUSED NOS.1 & 2:
1. CHACKO VARGHESE, AGED 55 YEARS, S/O.VARGHESE, CHELLETHU PANACKAL, KUMBANAD. P.O., PULLAD MURI, KOIPURAM VILLAGE, THIRUVALLA TALUK.
2. LIJIN GEORGE JACOB, AGED 21 YEARS, S/O.CHACKO VARGHEESE, CHELLETHU PANACKAL, KUMBANAD. P.O., PULLAD MURI, KOIPURAM VILLAGE, THIRUVALLA TALUK.
BY ADV. SRI.M.T.SURESHKUMAR.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.REMA. R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.195 of 2015
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
offences under Sections 294(b), 354 and 506 of Indian Penal Code.
In the result, this application is allowed.
interrogation on his executing a bond for Rs.25,000/(Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the police in connection with the case.
2
B.A. No.195 of 2015
every Friday between 10 am and 11 am for three months.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.
sd/-
K. ABRAHAM MATHEW JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether direct bail should be granted in anticipation of arrest for offences under Sections 294(b), 354 and 506 IPC.
Whether custodial interrogation is necessary given the lack of sustained injuries by the victim.
1 provisions across 1 enactments
Chacko Varghese
Lijin George Jacob
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
