This bail application was filed by the 2nd accused under Section 438 CrPC. The court, considering minor injuries to the victim and antecedents, granted pre-arrest bail subject to conditions including appearance for interrogation and a bond.
Pre-arrest bail granted with a bond of Rs. 40,000 along with two solvent sureties each for the same sum.
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
THURSDAY, THE 25TH DAY OF JANUARY 2018 / 5TH MAGHA, 1939
Bail Appl..No. 242 of 2018 --------------------------CRIME NO. 3555/2017 OF KOTTIYAM POLICE STATION , KOLLAM
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APPLICANT/2ND ACCUSED
RANJITH,AGED 28 YEARS, S/O. BASIL PHILIP, THUNDIL HOUSE, KOTTIYAM P.O., KOLLAM DISTRICT.
BY ADV.SRI.C.A.NAVAS
RESPONDENT(S)/COMPLAINANTS:
1. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION KOLLAM DISTRICT 691117.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031.
BY PUBLIC PROSECUTOR SRI SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
RAJA VIJAYARAGHAVAN V, J.
B.A.No.242 of 2018
Dated this the 25th day of January, 2018
ORDER
B.A.No.242 of 2018 2
through the case diary. The wound certificate of the victim reveals that only minor abrasions were sustained.
7.Having regard to the nature and gravity of the allegations, the injuries sustained, the materials in support thereof, the severity of the punishment which conviction would entail, the character and antecedents of the petitioner, the possibility of the petitioner fleeing from justice and other facts and circumstances, it does not appear that custodial interrogation of the petitioner is warranted in the instant case. I am of the view that the relief of pre-arrest bail can be granted to the petitioner.
i).The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Recovery, if any, may also be effected. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum.
ii)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed.
B.A.No.242 of 2018 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) 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
//True Copy\
P.A to Judge
IAP
2 issues framed by the court
Whether pre-arrest bail can be granted to the 2nd accused alleging offence under Sections 294(b), 341, 323, 324, 308 IPC.
Whether custodial interrogation is warranted having regard to the severity of punishment and minor injuries sustained by the victim.
2 provisions across 2 enactments
Ranjith
Sub Inspector of Police, Kottiyam Police Station
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
