High Court of Kerala granted anticipatory bail to two accused members of a temple community allegedly involved in an affray causing injury during a festival. The court directed surrender within two weeks.
Petitioners directed to surrender; bail on bond of Rs. 50,000/- each with two sureties.
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 ASHOK MENON
THURSDAY, THE 16TH DAY OF JULY 2020 / 25TH ASHADHA, 1942
Bail Appl..No.1878 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 302/2020 DATED 28-02-2020 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE
CRIME NO.130/2020 OF Atholy Police Station , Kozhikode
PETITIONERS/A1 & A2:
1 SHAJITH
AGED 34 YEARS S/O.KUTTAPPAN NAIR, SOPARNIKA, EDAKKARA, CHELANNUR, KOZHIKODE-673616.
2 NISHEED V.P., S/O.PADMANABHAN NAIR, THALAKKULATHUR, KOZHIKODE673303.
BY ADV. SRI.SUVIN.R.MENON
RESPONDENTS/STATE & COMPLAINANT:
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 1878/20
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O R D E R
BA No.1878 of 2020
------------------------------------Dated this the 16th day of June, 2020
This is an application seeking anticipatory bail.
The applicants are members of the Padinjarekkara Sree Kulavan Kavu, Edakkara, which is alleged to be their family temple. On 15.2.2020 in connection with 'thira mahotsavam' in the temple, several rituals were being conducted. During that time, the defacto complainant and some others came there and started creating some nuisance. There was an altercation between two groups of people in consequence of which, there was an affray resulting in some injuries to the defacto complainant. The prosecution case is that the applicants had assaulted him and that the second applicant hit him
BA 1878/20
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with a stone on his nose in consequence of which he sustained nasal bone fracture and thus committed the offence. The petitioners state that they do not have any criminal antecedents and that the defacto complainant was the aggressor, who had trespassed into the festival and created nuisance.
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BA 1878/20
the like amount to the satisfaction of the investigating officer, on the following further conditions:
(i) They shall appear before the
investigating officer as and when called for and cooperate with the investigation.
(ii) They shall not tamper with evidence or intimidate or influence the witnesses.
(iii) They shall not get involved in any
similar offence during the currency of the bail.
In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.
Sd/ASHOK MENON JUDGE
jg
2 issues framed by the court
Whether to grant anticipatory bail to accused charged with offences under Sections 341, 323, 326 and 506 IPC.
Whether custodial interrogation of the petitioners is necessary for the investigation.
1 provisions across 1 enactments
Shajith
Nisheed V.P.
State of Kerala
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
