The High Court granted pre-arrest bail to a 19-year-old petitioner accused of affray and voluntary causing hurt, considering the incident non-premeditated and his age.
Granted pre-arrest bail subject to executing a bond for Rs. 40,000 with two sureties and complying with reporting and non-influence 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 B.SUDHEENDRA KUMAR
THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941
Bail Appl..No.6098 OF 2019
CRIME NO.2146/2019 OF Kayamkulam Police Station , Alappuzha
PETITIONER/S:
MOTHI @ AMAL FAROOK AGED 19 YEARS S/O. ABDUL LATHEEF SAIT, CHALIL HOUSE, KANNAMPALLY BHAGOM, KAYAMKULAM.P.O., ALAPPUZHA - 690 502
BY ADVS. SMT.V.H.JASMINE SRI.JESWIN P.VARGHESE
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
OTHER PRESENT:
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6098 OF 2019
ORDER
The petitioner is the first accused in
Crime No.2146/2019 of Kayamkulam Police
Station registered for the offences punishable under Sections 143, 147, 148, 323, 324 and 308 r/w Section 149 IPC.
2. The petitioner has filed this application under Section 438 Cr.P.C.
3. Heard.
4. The learned Public Prosecutor has
submitted that the petitioner is not involved in any other offence of similar nature, even though he was involved in
another crime registered for the offence punishable under Section 27 of the NDPS Act.
The petitioner is aged 19 years. It appears
Bail Appl..No.6098 OF 2019
that the incident in this was not a premeditated incident. Considering the facts and circumstances of the case, including the age of the petitioner, I am inclined to grant pre-arrest bail to the petitioner.
In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in the above said crime on condition of the petitioner executing a bond for Rs.40,000/- (Rupees Forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and
Bail Appl..No.6098 OF 2019
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subject to the following further conditions:
i) The petitioner 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 petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
iii) The petitioner shall not get involved in any other offence during the pendency of
this case.
Bail Appl..No.6098 OF 2019
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Needless to state that if the
petitioner gets involved in any other offence, the court concerned shall be at liberty to proceed against the petitioner in accordance with law, without any reference to this Court as held by the Apex Court in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
sd/- B. SUDHEENDRA KUMAR, JUDGE
STK
1 issue framed by the court
Whether pre-arrest bail should be granted to a first accused aged 19 years involved in offences under Sections 143, 147, 148, 323, 324 and 308 r/w Section 149 IPC.
Colour shows how this judgement treated each authority
P.K.Shaji v. State of KeralaReferred¶39
P.K.Shaji v. State of Kerala (AIR 2006 SC 100) · Who else cites this
3 provisions across 3 enactments
MOTHI @ AMAL FAROOK
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
