The High Court of Kerala granted pre-arrest bail to two petitioners in a criminal case involving offences under Sections 143, 147, 148, 294(b), 323, 324, 451, and 308 IPC read with Section 149, holding custodial interrogation unnecessary.
Bail granted in the event of arrest on condition of bond Rs.35,000 each with two solvent sureties each
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 15TH DAY OF JULY 2019 / 24TH ASHADHA, 1941
Bail Appl..No.4925 of 2019
CRIME NO.885/2019 OF Edathua Police Station , Alappuzha
PETITIONER/S:
1 RATHEESH AGED 35 YEARS
S/O.SASIKESAVAN, AMBRAYIL LAKSHAMVEEDU, THALAVADI ALAPPUZHA.
2 ANEESH AGED 30 YEARS
S/O.SASIKESAVAN, AMBRAYIL LAKSHAMVEEDU, THALAVADI ALAPPUZHA.
BY ADV. SRI.M.R.SARIN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE, EDATHUVA POLICE STATION TRIVANDRUM, REPRESENTED BY THE PUBLIC PROSECUTOR.
OTHER PRESENT:
PP. SMT. V.SREEJA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. 4925 of 2019
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ORDER
The petitioners are accused Nos.1 and
3 in Crime No.885/2019 of Edathua Police
Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 451 and 308 r/w Section
149 IPC.
2. The petitioners have filed this application under Section 438 Cr.P.C.
3. Heard.
4. The learned Public Prosecutor has
submitted that the petitioners have no criminal antecedent. It appears from the facts and circumstances of the case that the
B.A. 4925 of 2019
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custodial interrogation of the petitioners is not necessary for the progress of investigation of this case. In the said circumstances, I am inclined to grant prearrest bail to the petitioners.
In the result, this application stands allowed and the respondents are directed to release the petitioners on bail in the event of their arrest in the above said crime on condition of each of the petitioners executing a bond for Rs.35,000/- (Rupees Thirty five thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the second respondent, before whom the petitioners
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shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:
(i) The petitioners shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.
ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.
iii) The petitioners shall not
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get involved in any other offence during the pendency of this case.
Sd/- B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioners accused under Sections 143, 147, 148, 294(b), 323, 324, 451 and 308 r/w Section 149 IPC in Crime No.885/2019.
2 provisions across 2 enactments
RATHEESH
ANEESH
STATE OF KERALA
SUB INSPECTOR OF POLICE, EDATHUVA POLICE STATION
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
