The High Court of Kerala allowed a bail application filed by the 2nd accused under Section 438 CrPC for offences under Sections 420 and 34 IPC, imposing standard bail conditions without requiring custodial interrogation.
Anticipatory bail allowed subject to conditions of appearance, surety bond, and restrictions on conduct.
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
TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939
Bail Appl..No. 2454 of 2017 -----------------------------
CRIME NO. 292/2017 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM ---------------
PETITIONER/2ND ACCUSED: ----------------------BINU MON E.V., AGED 38 YEARS, S/O.VISAMBARAN, ENJAPPILLI HOUSE, CHINIKKUZHI P.O., UDUMBANNOOR VILLAGE, THODUPUZHA, IDUKKI DISTICT.
BY ADVS.SRI.K.S.ARUN KUMAR SRI.JUSTINE JACOB SRI.M.S.DILEEP
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
BY PUBLIC PROSECUTOR SRI K.B UDAYA KUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
RAJA VIJAYARAGHAVAN V, J.
B.A. No.2454 of 2017
Dated this the 6th day of June, 2017
O R D E R
This is an application filed under section 438 of the Code of Criminal Procedure.
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B.A. No.2454 of 2017
there are materials which would improbabilise the case set up by the prosecution against the petitioner herein. Though a meticulous analysis of the materials are not required at this stage, it does not appear to me that custodial interrogation of the petitioner is warranted. The requirements for a proper investigation could be met with by imposing appropriate condition to be observed by the petitioner.
In the result, this application is allowed, but subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum.
(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 and for all investigative purposes whenever required.
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(iv) The petitioner shall not commit any similar offence while on bail.
(v) The petitioner shall not leave India without the previous permission of the jurisdictional Magistrate.
(vi) If he surrenders before the Magistrate, this order shall not be applicable and the learned Magistrate may pass appropriate orders.
(vii) In case of violation of any of the above conditions, the concerned court on being noticed of that fact will be empowered to cancel the bail.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
sp/07/06/17
//True Copy//
P.A. to Judge
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner charged under Sections 420 and 34 IPC.
Whether the petitioner is entitled to be released on bail subject to specific conditions.
1 provisions across 1 enactments
Binu Mon E.V.
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
