The Kerala High Court disposed of a bail application filed by an accused under Sections 4 and 5 of the Explosive Substances Act, granting relief based on a prior bail order for a co-accused.
Petitioner granted bail on Rs. 50,000 bond with two sureties, to appear on alternate Tuesdays, and not intimidate witnesses or join other cases.
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
WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940
Bail Appl..No. 2594 of 2018
CRIME NO.582/2017 OF SREEKANDAPURAM POLICE STATION,KANNUR DISTRICT
PETITIONER/2ND ACCUSED:
JAVID E.P, AGED 37 YEARS, S/O.V.P.MOIDEEN, EDAPPARA PUTHIYAPURAYIL HOUSE, SANTHI MAHAL, CHEKKIKULAM P.O., MANIYUR AMSOM, KANNUR DISTRICT.
BY SRI.K.P.DANDAPANI,SENIOR ADVOCATE ADVS.SRI.SIRAJ KAROLY SRI.C.K.PREM RAJ
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, KANNUR - 670 631.
BY SR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts 12/4/2018
K.ABRAHAM MATHEW, J.
B.A.No. 2594 of 2018
Dated this the 11th day of April, 2018
ORDER
Petition filed under Section 438 Cr.P.C.
accused. The petitioner also is entitled to be released on bail.
In the result, this Bail Application is allowed.
i. The petitioner shall be released on bail after
interrogation on his executing a bond for Rs.50,000/(Rupees Fifty thousand only) with two solvent sureties each for the like sum if he is arrested by the
B.A.No. 2594 of 2018 2
investigating officer in connection with this case.
ii. He shall appear before the investigating
officer between 10.00 and 11.00 am on alternative
Tuesdays for two months or till the final report is filed, whichever is earlier.
iii. He shall not intimidate or attempt to
influence the witnesses, nor shall he get himself involved in any other criminal case.
If he surrenders before the Magistrate, this order is not applicable
and the learned Magistrate may pass appropriate orders.
In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether the petitioner accused under Sections 4 and 5 of the Explosive Substances Act is entitled to anticipatory bail.
Colour shows how this judgement treated each authority
B.A.No.6762 of 2017Followed¶22
2 provisions across 2 enactments
Javid E.P
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.Abraham Mathew
Parties & counsel
