The High Court of Kerala granted anticipatory bail to petitioner Subhash, first accused in a case involving assault and intentional criminal mischief, as injuries were minor and custodial interrogation was not deemed necessary for investigation.
Anticipatory bail granted upon execution of bond for Rs. 50,000 with two solvent sureties each for like amount.
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 A.M.BABU
TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941
Bail Appl..No. 1335 of 2019
CRIME NO. 134/2019 OF Punalur Police Station , Kollam
PETITIONER/S:
SUBHASH,
AGED 47 YEARS S/O BHASKARAN, SOBHA BHAVAN, KAMUKUMCHERRI, PIRAVANTHOOR, PATHANAPURAM, KOLLAM PIN 689 696
BY ADV. SRI.D.SREENATH
RESPONDENT/S:
1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SUB INSPECTOR OF POLICE, PUNALOOR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
3 MS PONNAMMA,
AGED 48 YEARS
W/O MOHANAN, MELETHIL, UNNIMANGALAM, ALIMUKKU, VAZHATHOPPU, PIRAVANTHOOR, PATHANAPURAM, KOLLAM PIN 689 696.
OTHER PRESENT:
SRI. B.JAYASURYA-SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No. 1335 of 2019
ORDER
Petitioner is the first accused in crime no.134/2019 of Punalur police station. He along with two others allegedly committed offences punishable under Secs 294(b), 323, 324 and 452 of IPC read with IPC 34. The petitioner seeks bail under Sec.438 of Cr.P.C.
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Bail Appl..No. 1335 of 2019
the husband of the first informant. It is alleged that during the scuffle the petitioner caused injuries to the first informant and her husband.
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Bail Appl..No. 1335 of 2019
accordance with law if any of the conditions aforementioned is violated. If the petitioner surrenders before the magistrate, this order will cease to have any effect and the learned magistrate will pass appropriate orders as if this order has not been passed.
SD/-
A.M.BABU
03/04/19
JUDGE
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of offences under Sections 294(b), 323, 324, and 452 IPC read with Section 34 IPC?
Whether the injury sustained by the victim warrants custodial interrogation?
2 provisions across 2 enactments
SUBHASH
STATE OF KERALA
SUB INSPECTOR OF POLICE, PUNALOOR POLICE STATION
MS PONNAMMA
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
