This Hon'ble Court allowed anticipatory bail application under Section 438 CrPC considering no need for custodial interrogation, setting conditions for appearance and conduct.
Petitioner granted anticipatory bail on fixed bond conditions. Order dismissed any further custody plea.
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.P.JYOTHINDRANATH
TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937
Bail Appl..No. 8623 of 2014 ()
CRIME NO. 268/2014 OF KUNDARA POLICE STATION, KOLLAM
PETITIONER/1ST ACCUSED :
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ANAS BASHEER, AGED 25 YEARS, S/O. BASHEER PARAVILA PADINJATTATHIL (SABEELA MANZIL) CHATHINAMKULAM, CHANDANATHOPPU P.O., KOLLAM.
BY ADVS.SRI.K.SIJU
SRI.S.ABHILASH
RESPONDENT :
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STATE OF KERALA
THROUGH THE S.I. OF POLICE, KUNDARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. MADHUBEN M.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K.P. JYOTHINDRANATH, J.
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B.A. No.8623 of 2014
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015
O R D E R
This is an application filed under Section 438 of the Code of Criminal Procedure.
B.A. No.8623 of 2014
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appearance, the Investigating Officer is at liberty to interrogate the petitioner. If the interrogation is not over it can be continued on another day. After interrogation, if the police officer feels that arrest is necessary, he is at liberty to arrest the petitioner. Thereafter the petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned.
B.A. No.8623 of 2014
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On the above conditions, this anticipatory bail
application is allowed.
Sd/-
K.P. JYOTHINDRANATH JUDGE
//True copy//
P.A. TO JUDGE
shg/
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner.
Whether the petitioner requires custodial interrogation and arrest warrant.
1 provisions across 1 enactments
Anas Basheer
State of Kerala
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
