Bail granted to accused No.1 and No.2 in a case involving alleged obscene utterances and obstruction of official duty under IPC sections. Court held custodial interrogation not warranted and ordered conditional release with sureties.
Bail granted to petitioners on DHS of Rs.40,000/- each with sureties of equivalent, subject to 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 SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
Bail Appl..No. 8478 of 2015 ()
CRIME NO. 2010/2015 OF NEDUMANGAD POLICE STATION, THIRUVANANDAPURAM DISTRICT
PETITIONERS/ACCUSED 1 AND 2 :
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1. IRSHATH BEEVI, AGED 50 YEARS MALAMUKAL HOUSE, MARUTHINAKAM, AZHIKKODE P.O. THIRUVANANTHAPURAM DISTRICT.
2. ABDUL KHARIM, S/O. ALIYAR KUNJU, NAJEEB MANZIL, MALAMUKAL AZHIKKODE P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM
RESPONDENT/COMPLAINANT :
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE NEDUMANGAD POLICE STATION)
BY PUBLIC PROSECUTOR SMT.R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
SUNIL THOMAS, J.
B.A.No. 8478 of 2015
Dated this the 13th day of January, 2016
ORDER
The petitioners are the accused nos. 1 and 2 in Crime No.2010/2015 of Nedumangad Police Station for offence punishable under Sections 294(b), 341, 353, 354 and 34 of IPC.
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the petitioners herein.
feel that it is a fit case in which custodial interrogation is warranted. Hence, I am inclined to grant bail to the petitioners subject to the following conditions:
(a) The petitioners shall appear before the Investigating Officer within 10 days from today and offer for interrogation. Thereafter, they shall be released on executing a sum of `40,000/- (Rupees forty thousand only) with two solvent sureties for the like sum each.
(b) They shall co-operate with the investigation which includes the production of the necessary documents including the license, in relation to the running of the business and such other documents which are essential for the investigation and for which demand is made by the Investigating Officer as per law.
(c) They shall not threaten, coerce or
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intimidate the witnesses and shall also not
interfere in the course of investigation.
The bail application is allowed.
Sd/- SUNIL THOMAS, JUDGE
//TRUE COPY//
P.A. TO JUDGE
AD
3 issues framed by the court
Whether bail is a fit case to be granted to the accused in an offence under Sections 294, 341, 353, 354 and 34 of IPC.
Whether custodial interrogation is warranted in the facts of the present case.
Whether ancillary conditions can be imposed while granting pre-arrest bail.
1 provisions across 1 enactments
Irshath Beevi
Abdul Kharim
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
