Court allowed bail to petitioner accused of offences under IPC. Directed petitioner to appear for interrogation by 9 June 2019. Bail granted subject to conditions if arrest occurs and vacated if interrogation does not occur.
Petitioner released on bond of Rs.40,000 and two sureties, subject to specific conditions, upon arrest by Investigating Officer.
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
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
Bail Appl..No. 941 of 2019
AGAINST THE ORDER IN Crl.MC 32/2019 of SESSIONS COURT,THIRUVANANTHPURAM DATED 02-02-2019
CRIME NO. 1475/2018 OF Kadakkavoor Police Station
PETITIONER/S:
KIRAN JOSEPH
AGED 25 YEARS
S/O. JOSEPH, MARY JESPIN LAND, MAMPALLY, ANCHUTHENGU P.O, THIRUVANANTHAPURAM.
BY ADVS.
SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.941/2019
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ALEXANDER THOMAS, J.
B.A.No. 941 of 2019
Dated this the 23rd day of May, 2019
ORDER
The petitioner is the accused No.1 in Crime No.1475/2018of Kadakkavoor Police Station, which has been registered for offences punishable under Sections 294(b), 452, 323, 324, 506(ii), 308, 354 r/w.34 of IPC.
B.A.No.941/2019
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complainant intending to outrage her modesty and that they caused hurt to the defacto complainant with the knowledge that if they by that act caused death of the defacto complainant etc.
B.A.No.941/2019
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orders are passed:
1) The petitioner will immediately appear before the Investigating Officer in relation to Crime No.1475/2018 of Kadakkavoor Police Station for interrogation process without any delay, at any rate, 10 a.m. on 9.6.2019.
2) After the interrogation process is over, in case the Investigating Officer arrests the petitioner (A1) in relation to the above said Crime, he shall be released on bail on his executing a bond for Rs.40,000/- (Rupees Forty Thousand only) and on furnishing two solvent sureties for the like sum each to the satisfaction of the Investigating Officer concerned. However, the grant of bail is subject to the following conditions:
(b) The petitioner shall fully co-operate with the investigation.
(c) The petitioner shall report before the Investigating Officer as and when required in that connection.
(d) The petitioner shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever.
(e) The petitioner shall not visit or go anywhere near the residence of the defacto complainant in this case, until the conclusion of the trial in this case.
(f) If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time.
B.A.No.941/2019
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With these observations and directions, the above Bail Application will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
acd
1 issue framed by the court
Whether custodial interrogation of the petitioner is legally called for given the nature of injuries sustained by the complainant.
1 provisions across 1 enactments
KIRAN JOSEPH
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
