High Court at Ernakulam allowed a second bail application filed by two accused persons in a murder attempt and conspiracy case. The court found substantial change in circumstances as the investigation progressed considerably.
Bail granted to petitioners on bond of Rs. 50,000 each with two solvent sureties.
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 MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939
Bail Appl..No. 5741 of 2017 () -------------------------------
CRIME NO. 521/2017 OF KASARAGOD POLICE STATION , KASARGOD
PETITIONERS/ACCUSED NO.4 AND 5:
1. SHIHABUDDHIN.K @ SHIHAB, AGED 22 YEARS, S/O.IBRAHIM, AZAD MANZIL, AZAD NAGAR, KUDLU VILLAGE.
2. HUSSAIN, S/O.BEERAN MOIDEEN, AGED 24 YEARS, MAJAL HOUSE, MAJAL, KUDLU VILLAGE.
BY ADVS.SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
R BY PUBLIC PROSECUTOR SMT. SREEJA.V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 1608-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SHIRCY V., J. ===========================
B.A.No.5741 of 2017
============================= Dated this the 16th day of August, 2017
O R D E R
This is the second application for regular bail.
No. 521/2017 of Kasaragod Police Station registered for the offences punishable under Sections 120B, 326, 307 read with section 34 of IPC.
petitioners along with the other accused persons had hatched a criminal conspiracy to attack the de facto complainant and on 14.6.2017 at 2.45 hours in furtherance
of their common intention to commit murder attacked him with deadly weapons while he was riding as a pillion rider in a scooter bearing Reg. No. KL 14T 1851 and thereby committed the aforesaid offences.
BA 5741/2017
2
for interrogation as and when required by him, in writing.
BA 5741/2017
3
witnesses, nor shall they tamper with the evidence.
on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in
accordance with law.
Sd/-
SHIRCY V.
JUDGE
ks
True copy
P.S. To Judge
2 issues framed by the court
Whether bail should be granted to accused Nos. 4 and 5 in a murder conspiracy case involving Section 120B and 307 IPC.
Whether the investigation progress warrants consideration of a second bail application.
Shihabuddin K @ Shihab
Husain
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
