In a bail application under Sections 498A, 323, 324, and 506 IPC, the High Court of Kerala granted bail contingent on arrest, holding that custodial interrogation was not necessary for fair investigation.
Petitioner granted bail upon arrest, required to execute a bond of Rs. 40,000 with two solvent sureties and comply with standard 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 ALEXANDER THOMAS
FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941
Bail Appl..No.6997 OF 2019
CRIME NO.1134/2019 OF Pooyapally Police Station , Kollam
PETITIONER/ACCUSED:
SHAJI,AGED 39 YEARS RESIDING AT SHAJI BHAVAN, PERUMPUZHA P.O., KOLLAM - 691 504.
BY ADVS. SRI.V.JOHN SEBASTIAN RALPH SRI.V.JOHN THOMAS SRI.B.DEEPAK SHRI. RALPH RETI JOHN SHRI.VISHNU CHANDRAN KUM. KEERTHANA SUDEV
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6997/2019
2
ALEXANDER THOMAS, J.
B.A.No. 6997 of 2019
Dated this the 11th day of October, 2019
ORDER
The petitioner herein has been arrayed as the sole accused in the instant Crime No.1134/2019 of Poyyapally Police Station, Kollam, which has been registered for offences punishable under Sections 498A, 323, 324 and 506 of the IPC on the basis of the F.I. Statement given by the lady defacto complainant, who is the wife of the petitioner herein.
B.A.No.6997/2019
3
Accordingly, it is ordered in the event of the petitioner being arrested in relation to the above said crime, then he shall be released on bail on his executing a bond for Rs.40,000/- (Forty thousand only) and on his furnishing two solvent sureties for the like sum both to the satisfaction of the Investigating Officer concerned. However, the grant of bail will be subject to the following conditions:
If there is any violation of the abovesaid conditions by the petitioner, then the jurisdictional court concerned will stand hereby empowered to consider the plea for cancellation of bail at the appropriate time.
With these observations and directions, the above Bail Application will stand disposed of.
sd/-
ALEXANDER THOMAS, JUDGE.
acd
2 issues framed by the court
Whether anticipatory bail should be granted to the accused facing charges under Sections 498A, 323, 324, and 506 of the IPC
Whether custodial interrogation of the petitioner is necessary for the investigation
1 provisions across 1 enactments
SHAJI
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
