High Court of Kerala granted anticipatory bail to Bindhu, the mother of a juvenile accused in an affray case at a temple festival, directing her to surrender within two weeks and satisfy bail conditions.
Bail allowed; petitioner directed to surrender within two weeks; conditional bail with bond for Rs.50,000 and two solvent sureties.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 01ST DAY OF JULY 2020 / 10TH ASHADHA, 1942
Bail Appl..No.1906 OF 2020
CRIME NO.125/2020 OF Kadakkavoor Police Station , Thiruvananthapuram
PETITIONER/A4:
BINDHU
AGED 40 YEARS D/O. VAMAKSHI, PANAVILA HOUSE, A.K.NAGAR, KEEZHTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
BA No.1906 of 2020 [Dated this the 1st day of July, 2020]
This is a petition for anticipatory bail filed under Section 438 Cr.PC.
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apprehend the accused and take them to the jeep, the first accused fisted on the right hand and the second accused kicked on the ribs of the defacto complainant. The SI tried to control the accused persons, while accused 2 and 3 fisted and kicked the Constable on duty. The Police party thereafter forcefully lifted them into the jeep and the fourth accused who is the mother of the third accused, reached there and blocked the Police party from taking her son into custody and thus she is also involved in the alleged crime.
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duty. Her son is a 17 year old boy. He was arrested and produced before the Juvenile Justice Board and proceeded against him. The petitioner does not have any criminal antecedents.
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the like amount to the satisfaction of the investigating officer, on the following conditions:
(i) She shall appear before the investigating officer
as and when called for and co-operate with the investigation.
(ii) She shall not intimidate or influence the
witnesses.
(iii) She 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
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who is the mother of a juvenile accused involved in an affray at a temple festival.
Whether the petitioner's involvement in attempting to prevent police action against her son justifies her release on bail.
What conditions are necessary for granting anticipatory bail in this case.
7 provisions across 2 enactments
BINDHU
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
