High Court granted pre-arrest bail to the 1st accused in a case involving IPC offences of affray, voluntarily causing hurt, and intimidation. The court noted that the main overt act was attributed to other accused who had already been granted bail.
Pre-arrest bail allowed on execution of bond with two sureties for Rs. 40,000/- each and other 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 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
Bail Appl..No. 5500 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMP 1563/2018 of SESSIONS COURT, KOTTAYAM DATED 02-08-2018
CRIME NO. 640/2018 OF MELUKAVU POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED NO.1:
RAHUL P.G @ BATTY AGED 26 YEARS S/O.GOPINATHAN, PULICHAMAKKEL HOUSE, KADANADU VILLAGE, NEELOOR KARA, MEENACHIL.
BY ADVS.
SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 SUB INSPECTOR OF POLICE MELUKAVU POLICE STATION, KOTTAYAM DISTRICT 686 001.
OTHER PRESENT:
PP AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 5500 of 2018
2
O R D E R
Petitioner is arrayed as the 1st accused in Crime No.640/2018 of Melukavu Police Station, Kottayam District for offences punishable under Sections 323, 324, 308, 297, 341 and 34 of IPC. According to the prosecution, the accused wrongfully restrained the de facto complainant on 18.07.2018 at 9.15 p.m. and the 1st accused pulled down the de facto complainant. 2nd accused beat him with an iron rod causing injury on his scalp and the other accused facilitated the commission of crime. Pursuant to the crime registered apprehending arrest, petitioner seeks pre-arrest bail.
2. Learned counsel for the petitioner
contended that the main allegation is attributed to the 2nd accused. Accused Nos. 2 and 3 were
granted bail by order of this Court in B.A. Nos.5527/2018 and 5424/2018. Copies of the above
Bail Appl..No. 5500 of 2018
3
orders were placed before me at the time of hearing. It seems that main overt act is attributed to the 2nd accused. Having considered these facts, I am inclined to grant the benefit of pre-arrest bail to the petitioner.
Hence, the bail application is allowed on the following conditions:
(i) Petitioner shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if
he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of 40,000/- (Rupees forty thousand only) with two₹
sureties for the like sum each.
(ii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.
(iii) He shall appear before the Investigating Officer as and when called for and co-operate with
Bail Appl..No. 5500 of 2018
4
the investigation.
(iv) He shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.
Sd/-
SUNIL THOMAS, JUDGE
Pn 08/11
1 issue framed by the court
Whether the petitioner, arrayed as the 1st accused in a case involving IPC offences of affray and assault, is entitled to pre-arrest bail.
Rahul P.G @ Batty
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
