The High Court granted anticipatory bail to the accused in a domestic violence case involving IPC 323, 324, and 498A, holding that custodial interrogation is not mandatory since the accuser sustained no visible injuries.
Petitioner granted bail on execution of bond with sureties; court empowered magistrate to cancel bail on violation of 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 A.M.BABU
TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941
Bail Appl..No. 1796 of 2019
CRIME NO. 274/2019 OF Kottarakkara Police Station , Kollam
PETITIONER/SOLE ACCUSED
AKHIL RAJ AGED 30 YEARS S/O.RAJENDRAN, AKHIL NIVAS, MOOZHIKODE, KOTTATHALA WEST, PUTHUR VILLAGE, KOTTARAKARA, KOLLAM DISTRICT.
BY ADV. SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENT/STATE
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.
OTHER PRESENT:
SRI. B.JAYASURYA-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.1796/2019
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ORDER
B.A.1796/2019
3
the said report that no wound certificate is available since the first informant did not go to any hospital after the incident. It being a case where no injury is shown to have been caused to the first informant, I find it appropriate to grant the petitioner bail under Sec.438 of Cr.P.C. I do not consider custodial interrogation an absolute must in the present case. I allow the application.
B.A.1796/2019
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till the filing of the final report, whichever is earlier. The petitioner shall not intimidate or try to influence witnesses. He shall not destroy or tamper with evidence. The magistrate having jurisdiction is hereby empowered to cancel the bail in accordance with law if any of the conditions mentioned above is violated. If the petitioner surrenders before the magistrate, this order will cease to have effect and the learned magistrate will pass appropriate orders as if this order has not been passed.
Sd/-
A.M.BABU Judge
Mrcs/2.4.
2 issues framed by the court
Whether bail under Section 438 Cr.P.C. should be granted when the accuser did not seek medical treatment for alleged injuries.
Whether custodial interrogation is mandatory in a matrimonial case where no injury certificate exists.
2 provisions across 2 enactments
AKHIL RAJ AGED 30 YEARS S/O.RAJENDRAN
STATE OF KERALA
A.M.BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
