An anticipatory bail application filed by the 12th accused in a case involving assault and affray. The court held that custodial interrogation is not required initially and granted bail subject to conditions.
Bail granted on Rs. 50,000 bond with sureties; accused to appear before I.O. fortnightly and must not contact witnesses.
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
WEDNESDAY, THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA, 1940
Bail Appl..No. 5389 of 2018
CRIME NO. 572/2018 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT
PETITIONER/12TH ACCUSED:
SUJITH S., AGED 21 YEARS, S/O SUDHEESH KUMAR, RESIDING AT PUTHENKULATHU SINDHU BHAVAN, PERINADU, KUREEPPUZHA PO, KOLLAM DISTRICT-691
BY ADVS. SRI.R.N.SANDEEP SRI.S.K.ADHITHYAN
RESPONDENT/STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, KERALA-682031.
2 SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM, KOLLAM DISTRICT, KERALA-691001.
BY PUBLIC PROSECUTOR SRI B JAYASURYA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
This application is filed under § 438 of the Cr.P.C.
572 of 2018 of the Kollam East Police Station registered under
Bail Appl..No. 5389 of 2018
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§§ 143, 147, 148, 294(b), 341, 323, 324, 308 r/w § 149 of the Indian Penal Code.
Bail Appl..No. 5389 of 2018
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he is proposed to be arrested, he shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. However, the above order shall be subject to the following conditions:
(i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 9 A.M and 11 A.M. for a period of two months or till final report is filed whichever is earlier.
ii) He 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.
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iii) He shall not commit any similar offence while on bail.
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
Dxy
1 issue framed by the court
Whether anticipatory bail can be granted to the 12th accused charged under Section 149 IPC for participation in a violent gathering.
2 provisions across 2 enactments
SUJITH S.
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
