The Single Judge allowed bail under S. 438 Cr.P.C. to accused 1-3 charged with offences under IPC and Juvenile Justice Act for assault involving a juvenile victim.
Partitions released on bail on executing bond with two sureties after interrogation.
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.ABRAHAM MATHEW
WEDNESDAY, THE 22ND DAY OF MARCH 2017/1ST CHAITHRA, 1939
Bail Appl.No. 216 of 2017
CRIME NO. 1303/2016 OF HARIPPAD POLICE STATION, ALAPPUZHA
PETITIONER(S)/ACCUSED NO: 1 TO 3:
1. SANTHOSH,
AGED 33 YEARS, S/O. MADHAVAN, PUTHIYAVEETTIL HOUSE, VADAKKEKARAKIZHAKKUMURI, DEVIKULANGARA VILLAGE, ALAPPUZHA DISTRICT.
2. SURESH, AGED 32 YEARS, S/O. PONNAPPAN,
KANNIMELTHARAYIL HOUSE,VADAKKEKARAKIZHAKKUMURI, DEVIKULANGARA VILLAGE,HARIPPAD,
ALAPPUZHA DISTRICT.
3. SHIBU, AGED 30 YEARS, S/O. NARAYANAN, MANAMPPILLY COLONY, VADAKKEKARAKIZHAKKUMURI, DEVIKULANGARA VILLAGE, HARIPAD, ALAPPUZHA DISTRICT.
BY ADV. SMT.S.L.SYLAJA
RESPONDENT(S)/COMPLAINANT/STATE:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
2. THE SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA DISTRICT - 688 524.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K.ABRAHAM MATHEW, J.
B.A.No. 216 of 2017
Dated this the 22nd day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
In the result, this Bail Application is allowed.
i. The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they
B.A.No. 216 of 2017 2
are arrested by the investigating officer in connection with this case.
ii. They shall appear before the investigating
for interrogation on 7th and 14th days after their release.
iii. They shall not intimidate or attempt to
influence the witnesses, nor shall they get themselves involved in any other criminal case.
iv. They shall surrender their passports before
the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.
If they surrender before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law. It is made clear that this order is not an impediment for the investigating officer to recover the weapon if the conditions are satisfied.
K.ABRAHAM MATHEW JUDGE
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2 issues framed by the court
Whether the petitioners seeking anticipatory bail should be granted bail given the nature of offences including juvenile victim involvement.
Whether detention of petitioners is necessary for effective investigation considering familial relationship with victim and injury level.
3 provisions across 3 enactments
SANTHOSH
SURESH
SHIBU
THE STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.ABRAHAM MATHEW
Parties & counsel
