Single judge order allowing an application for anticipatory bail to two accused charged with offences under Sections 324, 341, 447, 506 IPC and 326 IPC, imposing conditions including execution of bond and appearance for interrogation.
Petitioners released on bail on bond of Rs. 25,000/- each with two solvent sureties; appearance for interrogation required.
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
TUESDAY, THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938
Bail Appl..No. 71 of 2017 ()
----------------------------CRIME NO. 542/2016 OF MEENAKSHIPURAM POLICE STATION,PALAKKAD DISTRICT
PETITIONER(S)/ACCUSED NOS.1 & 2 :
1. TOMI RAFEL (TOMY RAPHEL), S/O.RAPPAYI, AGED 45, PUTHUSSERIPPADI (H), KALYANAPETTA, KANNIMARI POST, PERUMATTI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.
2. TOJI RAFEL (TOJI RAPHEL), S/O.RAPPAYI, AGED 47, PUTHUSSERIPPADI (H), KALYANAPETTA, KANNIMARI POST, PERUMATTI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENT/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEENAKSHIPURAM POLICE STATION, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KEERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.ABRAHAM MATHEW, J.
B.A.No.71 of 2017
Dated this the 24th day of January, 2017
O R D E R
Petition filed under Section 438 Cr.P.C.
the learned Public Prosecutor.
In the result, this application is allowed.
2
B.A.No.71 of 2017
interrogation on their executing bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum if they are arrested by the police in connection with this case.
for interrogation on the 7th and 14th days after they are released on bail.
In case of violation of any of the above conditions, the
learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW JUDGE
sd
// True Copy // P.A. to Judge
2 issues framed by the court
Whether to grant anticipatory bail to accused persons charged with offences under Sections 324, 341, 447, 506 IPC, 326 IPC.
Whether the nature of injuries and the circumstances of the assault warrant the grant of bail.
3 provisions across 3 enactments
Tomi Rafel
Toji Rafel
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
