The single-judge bench allowed the bail application filed by the sole accused, noting serious injuries sustained by the petitioner during an altercation, granting pre-arrest bail subject to specific conditions.
Release on bail after interrogation upon executing a bond of Rs. 50,000 with two sureties, subject to stipulated 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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939
Bail Appl..No. 7381 of 2017 ()
PETITIONER/ACCUSED:
P.A.JOSHY, AGED 48 YEARS, S/O.AUGUSTINE, PARAMBATHUSSERY, KODUVAZHANGA, ALANGAD, ERNAKULAM DISTRICT.
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, REPRESENTING THROUGH STATION HOUSE OFFICER, ALANGAD POLICE STATION, ERNAKULAM DISTRICT.
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
RAJA VIJAYARAGHAVAN V., J
B.A. No.7381 of 2017
Dated this the 7th day of November, 2017
ORDER
BA 7381/2017
2
5.Having regard to the nature and gravity of the allegations, the sequence of events, the antecedents of the petitioner and also the fact that the petitioner had sustained serious injuries, I am of the view that custodial interrogation of the petitioner need not be insisted with. I am of the view that the relief of prearrest bail can be granted to the petitioner subject to conditions.
In the result, this application is allowed, but subject to the following conditions:
i) It is directed that in the event of the arrest of the petitioner in connection with the Crime No.1140 of 2017 of the Alangad Police Station, he shall, after interrogation, be released on bail on his executing a bond for 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer effecting the arrest.
ii)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for one month or till final report is filed, whichever is earlier.
BA 7381/2017
3
iii)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.
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 court.
vi) If he surrenders before the court concerned, this order shall not be applicable and the jurisdictional court may pass appropriate orders.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the
application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
vps 8/11
/True Copy/
PS to Judge
BA 7381/2017 4
1 issue framed by the court
Whether anticipatory bail should be granted to the sole accused in an offence punishable under Sections 308 and 324 of the IPC.
1 provisions across 1 enactments
P.A.JOSHY
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
