The High Court of Kerala granted regular bail to the first accused, Dilkumar, who was in custody since December 31, 2019, in a case involving offences of assault and intimidation under the IPC, considering the stage of investigation.
Petitioner allowed bail on execution of a bond of Rs. 50,000 with two sureties for similar sums.
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.
B.A.240/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
Bail Appl..No.240 OF 2020
AGAINST THE ORDER IN MP 163/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHAVAKKAD
CRIME NO.382/2019 OF Guruvayoor Police Station, Thrissur
PETITIONER/ACCUSED NO.1:
DILKUMAR
AGED 23 YEARS
S/O. PRAKASAN, CHENCHERY VEEDU, RESIDING AT THE BACK SIDE OF DEVASWOM, ENGLISH MEDIUM SCHOOL, GURUVAYOOR P.O., THRISSUR
BY ADV. SRI.M.R.SASITH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682 031
2 THE SUB INSPECTOR GURUVAYOOR TEMPLE POLICE STATION, THRISSUR, PIN - 680 101
OTHER PRESENT:
PP SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.240/2020
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ORDER
Dated this the 27th day of January 2020
Application for regular bail.
382 of 2019 of Guruvayur Temple Police Station registered for the offences punishable under Sections 341, 323, 324, 294(b), 326, 427 and 308 of Indian Penal Code.
31.12.2019.
Thereby, the petitioner and the other accused have committed the aforesaid offences.
submitted that the petitioner is innocent and he has not committed any offence as alleged.
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that the investigation is well in progress and no criminal antecedents have been reported against this petitioner.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
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(iv) He shall not commit any offence while on bail.
In case of violation of any of the above
conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
sb
1 issue framed by the court
Whether the petitioner accused of offences under Sections 341, 323, 324, 294(b), 326, 427 and 308 IPC should be granted bail.
Dilkumar
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
