The High Court of Kerala allowed the anticipatory bail application filed by two accused persons facing charges of criminal breach of peace, trespass, and voluntarily causing hurt. The court found the offences minor and ordered their release on personal bail.
Petitioners to be released on personal bail subject to a bond of Rs. 25,000 and specific conditions.
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
FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937
Bail Appl..No. 1953 of 2015 ()
CRIME NO. 442/2015 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT
PETITIONERS/ACCUSED NO 4 & 5 :
1. FAISAL T.M., AGED 32 YEARS
2. ISMAIL E.M.P., AGED 47 YEARS S/O.MUHAMMED KUNHI HAJI,
THAYINERI , PAYYANNUR P.O.,
BY ADVS.SRI.ZUBAIR PULIKOOL SRI.P.S.BINU
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K. ABRAHAM MATHEW, J.
----------------------
Bail Appl. No.1953 of 2015
Dated this the 5th day of June 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
the offences under Secs.323, 341, 354, 427, 452, 506(1) read with Sec.34 of Indian Penal Code. The prosecution case is that they trespassed into the 1st informants house at 9.30 p.m., assaulted her, outraged her modesty, committed mischief and threatened her.
are minor in nature. Custodial interrogation is not necessary for effective investigation.
In the result, the bail application is allowed.
bail after interrogation on their executing a bond for Rs.25,000/- ( Twenty five thousand only) each
with two solvent sureties each for the like sum if
they are arrested by the Police in connection
Bail Appl. No.1953 of 2015 2
with this case.
(Rupees thousand five hundred only) each in the
Trial Court within five days.
Investigating Officer for interrogation if they are so required by him in writing.
evidence.
complainant or her relatives.
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
/ True Copy /
P.A. To Judge
NS
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners alleging offences under sections 323, 341, 354, 427, 452, 506(1) read with section 34 of the Indian Penal Code.
2 provisions across 2 enactments
FAISAL T.M.
ISMAIL E.M.P.
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
