The High Court of Kerala allowed a pre-arrest bail application filed by the fourth accused. The court found no necessity for custodial interrogation and noted the absence of criminal antecedents.
Petitioner released on bail on Rs.30,000 bond with two solv for Rs.30,000 each; report to IO on Wednesdays.
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 B.SUDHEENDRA KUMAR
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
Bail Appl..No.4804 of 2019
CRIME NO.483/2019 OF Kundara Police Station , Kollam
PETITIONER/ACCUSED NO.4:
VIPIN MOHAN AGED 31 YEARS S/O. MOHANAN PILLAI, VISHNU NIVAS.,PERINADU, KOLLAM 691 014
BY ADV. SRI.RENJIT GEORGE
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031
2 SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT, KERALA 691 501
SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No.4804 of 2019
O R D E R
The petitioner is the fourth accused in crime No.483/2019 of Kundara Police Station, registered for the offences punishable under Sections 294(b), 323, 324, 326 and 308 read with Section 34 IPC.
that the petitioner has no criminal antecedent. It
has been further submitted by the learned Public Prosecutor that the grievous hurt on the injured was inflicted by the first accused, who was already arrested and released on bail after his judicial detention. The learned Public Prosecutor has further submitted that the recovery has been
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Bail Appl..No.4804 of 2019
already effected. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, the petitioner has not criminal antecedent. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.
In the result, this bail application stands allowed and the respondents are directed to release the petitioner on bail in the event of his arrest in the above said crime, on condition of petitioner executing a bond for Rs.30,000/- (Rupees thirty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:
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Bail Appl..No.4804 of 2019
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/09.07.19
1 issue framed by the court
Whether pre-arrest bail should be granted to the fourth accused under Section 438 Cr.P.C.
2 provisions across 2 enactments
VIPIN MOHAN
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
