In a bail application under Section 438 CrPC for pre-arrest bail in IPC offences, the Court allowed the application imposing conditions to prevent witness tampering and ensure availability for interrogation.
The bail application was allowed subject to conditions including execution of a bond, non-interference with witnesses, and availability for investigation.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937
Bail Appl..No. 432 of 2016
CRIME NO. 5/2016 OF SASTHAMKOTTA POLICE STATION , KOLLAM DISTRICT
PETITIONER(S)/ACCUSED :
SREJITH, AGED 24 YEARS,
S/O.RAJENDRAKURUPPU, RANJITH BHAVANAM, HOUSE, INJAKKADU MURI, SOORANADU SOUTH, KAKKAKUNNU P.O., KOLLAM DISTRICT.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA. REPRESENTED BY PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.JASMINE V.H
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
RAJA VIJAYARAGHAVAN V, J.
B.A.No.432 of 2016
Dated this the 12th day of February, 2016
O R D E R
This petition is filed under S.438 of the Code of
Criminal Procedure seeking pre-arrest bail.
at about 9.20 p.m., the petitioner along with 2 others trespassed into the property of the de facto complainant and after restraining him , attacked with an iron rod.
B.A.No.432 of 2016 : 2 :
petitioner as well as the learned Public Prosecutor.
nature and gravity of the allegations, the antecedents of the petitioner and the other circumstances, I am of the considered view that anticipatory bail can be granted to the petitioner by imposing appropriate conditions.
B.A.No.432 of 2016 : 3 :
In the result, this application is allowed, but subject to the following conditions:
i). The petitioner shall be released on bail after interrogation on his executing a bond for 25,000/- with two solvent sureties for the like sum if he is are arrested by the Police in connection with this case.
ii). The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii). The petitioner shall make himself available for interrogation as and when required by the investigating officer.
iv). The petitioner shall not influence or intimidate the prosecution witnesses or attempt to tamper with the evidence for the prosecution.
v). The petitioner shall not commit any similar offence while on bail.
vi). The petitioner shall not leave India without the previous permission of the jurisdictional magistrate.
B.A.No.432 of 2016 : 4 :
vii). In case of violation of any of the above conditions, the jurisdictional magistrate shall be empowered to cancel the bail in accordance with law.
This application is allowed as above.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.
Bb
[True copy]
P.A to Judge
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in offences under Sections 341, 452, 324 IPC r/w Section 34 IPC.
What conditions should be imposed on the grant of anticipatory bail.
2 provisions across 2 enactments
SREJITH
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
