Anticipatory bail application by three accused in an IPC case involving trespass, attacking, and setting fire. Court denied anticipatory bail, directing surrender within 10 days and promising to consider regular bail on merits upon production before the court.
Directions to surrender within 10 days; producing in court if arrested for bail consideration.
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BA.No.1751/2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942
Bail Appl..No.1751 OF 2020
CRIME NO.118/2020 OF Chirayinkil Police Station , Thiruvananthapuram
PETITIONERS:
1 SHIBU
AGED 41 YEARS
S/O.SAHADEVAN, VAYAMBALLI VEEDU, ANATHALAVATTOM, KADAKKAVOOR, SARKARA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT
2 BIJU.S, AGED 38 YEARS
S/O.SAHADEVAN, VAYAMBALLI VEEDU, ANANTHALAVATTOM, KADAKKAVOOR.P.O, SARKARA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT
3 SUJITH S, AGED 30 YEARS S/O.SUNILKUMAR, PATTIYARATHU VEEDU, ANANTHALAVATTOM, KADAKKAVOOR.P.O, SARKARA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
SRI.AJITH MURALI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA.No.1751/2020
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O R D E R
Dated this the 19th day of August 2020
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
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another crime which is registered as Crime No.117/2020 in which the son of the defacto complainant and his parties are the accused. The present case is registered subsequently. The counsel submitted that the allegations against the petitioners are not correct. The counsel submitted that the petitioners are ready to co-operate with the investigation.
i) The petitioners shall surrender before the investigating officer within 10 days from today. ii) If the petitioners surrendered before the investigating officer within 10 days from today, the investigating officer will interrogate the petitioners
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and if they are arrested, they will be produced before the jurisdictional Court forthwith;
iii) When the petitioners are produced in court and the petitioners files a bail application before the Court concerned after giving prior notice to the Public Prosecutor concerned, the Court will consider the bail application on merits preferably on the date of filing of the same itself.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ab
1 issue framed by the court
Whether anticipatory bail is a fit case under Section 438 Cr.P.C. in the present circumstances.
1 provisions across 1 enactments
SHIBU
BIJU.S
SUJITH S
STATE OF KERALA
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
