This order grants pre-arrest and anticipatory bail to accused persons charged under various sections of the IPC for offences committed during a political rivalry attack, subject to specific conditions regarding interrogation appearance and conduct.
Anticipatory bail allowed subject to conditions of interrogation, weekly appearance, and restraint.
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 SUNIL THOMAS
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937 Bail Appl..No. 1104 of 2016 () ------------------------------CRIME NO. 1007/2016 OF TIRUR POLICE STATION , MALAPPURAM PETITIONER/ACCUSED NO.1,2,4 & 5: -------------------------------1. SUBEESH AGED 23 YEARS, S/O.RAVI, ODENGALAKATH HOUSE TIRUR, MALAPPURAM DISTRICT. 2. NIRMAL PRASAD AGED 21 YEARS, S/O.VASU, VATTAPPARAMBIL HOUSE TIRUR, MALAPPURAM DISTRICT. 3. SANDEEP AGED 24 YEARS, S/O.VELAYUDHAN, KARIYATHIL HOUSE TIRUR, MALAPPURAM DISTRICT. 4. AJEESH AGED 32 YEAR, S/O.KUMARAN, ANGATHIL HOUSE TIRUR, MALAPPURAM. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANT & STATE: ------------------------------1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.(CRIME NO.1007/15 OF TIRUR POLICE STATION MALAPPURAM DISTRICT)
2. STATION HOUSE OFFICER TIRUR POLICE STATION, MALAPPURAM DISTRICT-676 101 (CRIME NO.1007/2015 OF TIRUR POLICE STATION MALAPPURAM DISTRICT)
BY PUBLIC PROSECUTOR: SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
=================
B.A.No.1104 of 2016
=================
Dated this the 26th day of February, 2016
ORDER
Petitioners are some of the accused in Crime No.1007 of 2015 of Tirur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 r/w Section 149 of the Indian Penal Code.
B.A. 1104/16
2
available by the learned counsel for the petitioners herein. It appears that there was a counter case as Crime No.1000 of 2015, wherein, some of the injured are shown as accused. Evidently, there has been exchange of blows. Since no serious injuries caused, I am inclined to grant bail to the petitioners subject to the following conditions.
(i) Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If they are proposed to be arrested, they shall be released on bail on they executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two sureties each for the like sum each.
(ii) They shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m. for a period of two months from the date of execution of the bond as above.
(iii) They shall not get involved in any other identical offence and shall not threaten, coerce or intimidate the de facto complainant or his witnesses.
The anticipatory bail application is allowed as above.
Sd/- SUNIL THOMAS Judge
Sbna/26/2/16
True Copy
P A to Judge
B.A. 1104/16
3
2 issues framed by the court
Whether bail should be granted to accused persons facing charges of affray and wrongful restraint arising from a political dispute.
Whether the minor injuries caused in the incident bar the grant of bail.
1 provisions across 1 enactments
Subeesh
Nirmal Prasad
Sandeep
Ajeesh
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
