Haik application filed by accused persons facing charges under various sections of IPC including murder in a case of unlawful assembly. High Court granted bail subject to strict conditions including district travel ban.
Petitioners enlarged on bail on executed bond of Rs.1,00,000 each with two solvent sureties of like amount subject to strict 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 B.KEMAL PASHA
THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936
Bail Appl..No. 234 of 2015 ()
-----------------------------CRIME NO. 730/2014 OF KADIRUR POLICE STATION , KANNUR DISTRICT
PETITIONER(S)/ACCUSED 1 & 3:
1. K.NIJESH,S/O.NANU,AGED 26 YEARS, NUCHOLI HOUSE, ERUVATTY AMSOM, DESOM.
2. N.RIGIL @ RIGI @ ALBU (MISTAKENLY WRITTEN AS RIJITH IN THE APPLICATION/ORDER OF THE SESSIONS COURT), S/O.SUDHAKARAN,AGED 25 YEARS, CHALIL HOUSE,
ERUVATTY AMSOM,DESOM.
BY SRI.K.GOPALAKRISHNA KURUP,SENIOR ADVOCATE ADV. SMT.DEEPTHI S.MENON
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
B. KEMAL PASHA, J.
B.A. No.234 of 2015
Dated this the 22nd day of January, 2015
~ ~ ~ ~ ~ ~
Petition filed under Section 439 Cr.P.C.
of Kathirur Police Station, Kannur district, pending investigation for the offences punishable under Sections 143, 147, 148, 341, 324 and 302 read with Section 149 of the Indian Penal Code.
BA.234/2015
: 2 :
custody.
petitioners and the learned Public Prosecutor. Perused the CD.
BA.234/2015
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that they can be enlarged on bail on strict conditions.
the petitioners shall be enlarged on bail on each of them executing a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 29.01.2015 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioners shall not enter the local limits of Kannur district for a period of six months from today.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves
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available for interrogation as and when required by the Investigating Officer.
(v) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/22/01
// True Copy //
PA to Judge
1 issue framed by the court
Whether bail should be granted to accused persons charged with offences under Sections 143, 147, 148, 302 IPC involving unlawful assembly.
2 provisions across 2 enactments
K.NIJESH
N.RIGIL
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
