The Court granted bail to two accused persons charged with offences under IPC and a Kerala Act for assaulting a hospital attendant. The bail was conditioned on interrogation, execution of bond, and strict code of conduct.
Bail granted to petitioners on executing bond of Rs. 40,000 each with two sureties and undertaking specific 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 SUNIL THOMAS
THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940
Bail Appl..No. 1749 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 172/2018 of D.C.& SESSIONS COURT,MANJERI DATED 27-02-2018
CRIME NO. 80/2018 OF Tirur Police Station , Malappuram
PETITIONER/ACCUSED:
1 MUSTHAFA S/O.SIDHEEQUE, AGED 33,KOITHEENTE PURAKKAL HOUSE,KOOTTAYI P.O., VADIKKAL TIRUR,MALAPPURAM DISTRICT - 676 562.
2 SHIHAB
S/O.SUBAIR, AGED 31, KUTTUKADTH HOUSE,KOOTTAYI P.O., TIRUR, MALAPPURAM DISTRICT - 676 562.
BY ADVS.
SRI.K.M.FIROZ SMT.M.SHAJNA
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM - 682 018.
2 SUB INSPECTOR OF POLICE TIRUR POLICE STATION,MALAPPURAM DISTRICT - 676 121.
OTHER PRESENT:
PP C.K PRASAD
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1749 of 2018
2
O R D E R
The petitioners are some of the accused in crime no.80/2018 of Tirur police station for offences punishable under Sections 341, 323, 324, 353 and 294(b) r/w. Section 34 of IPC and Section 3 and 4 of Kerala Health Care Service Persons and Health Care Institution (Prevention of Violence and Damage to Property) Act, 2012.
Bail Appl..No. 1749 of 2018
3
custodial interrogation. There is nothing to show that the petit oners have any criminal antecedents. Having considered this, I am nclined to grant bail to the petitioners herein on the following condi ions:
Sd/-
SUNIL THOMAS
shg
JUDGE
2 issues framed by the court
Whether bail should be granted to the accused pending investigation.
What conditions should be attached to the bail release.
Musthafo
Shihab
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
