Allowed bail application under Section 438 CrPC. Court held custodial interrogation not required for illegal transport of river sand case, granting pre-arrest bail subject to conditions including interrogation and execution of bond.
Pre-arrest bail granted subject to conditions including appearance before IO and execution of bond for Rs. 40,000 each.
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 JANUARY 2018 / 27TH POUSHA, 1939
Bail Appl..No. 87 of 2018
CRIME NO.2115/2017 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT.
PETITIONER(S)/ACCUSED A1 & 2:
1 THULASEEDHARAN PILLAI, AGED 50 YEARS, S/O. GOPALAKRISHNA PILLAI, SADAYAM VEEDU, THAZHAVA MURI, THAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT.
2 AJAYAKUMAR, AGED 45 YEARS, S/O. BALAKRISHNA PILLAI, MADATHILAZHIKATHU VEEDU, KARITHOTTUVA P.O, KUNNATHUR VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT.
BY ADV.SRI.K.V.ANIL KUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V, J.
B.A.No.87 of 2018
Dated this the 17th day of January, 2018
ORDER
B.A.No.87 of 2018 2
the registered owner. A minor altercation took place between the driver and police personnel while transporting granite. This has resulted in the registration of the aforesaid crime on the basis of false allegation.
i).The petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum.
ii)The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed.
B.A.No.87 of 2018 3
iii)The petitioners 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 petitioners shall not commit any similar offence while on bail.
v) If they surrender 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
1 issue framed by the court
Whether pre-arrest bail can be granted to accused apprehending arrest in IPC and Kerala Protection of River Banks Act.
3 provisions across 3 enactments
Thulaseedharan Pillai
Ajayakumar
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
