High Court of Kerala allowed anticipatory bail for two accusedpersons charged with assault and attempted culpable homicide. Court held accused lacked criminal antecedents and no custodial interrogation needed.
Anticipatory bail granted subject to surrender within two weeks, bond of Rs 50,000 each with two sureties, and conditions against interfering with evidence.
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
TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942
Bail Appl..No.4022 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 1025/2020 OF DISTRICT COURT & SESSIONS COURT,TRIVANDRUM
CRIME NO.777/2020 OF Vithura Police Station , Thiruvananthapuram
PETITIONER/S:
1 NOWFAL AGED 27 YEARS S/O. SHAHUL HAMEED, KUNNUMPURATHU VEEDU, MANKOTTUKONAM, THOLICODU, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-PIN-695541. 695541
2 JOSE JOHN, AGED 26 YEARS S/O. JOHN, JIM'S VILLA, PARAPPARA P O, VITHURA, THIRUVANANTHAPURAM, PIN-695551.
BY ADV. SRI.V.A.VINOD
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 682031
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4022 OF 2020 2
O R D E R
Dated this the 4th day of August 2020
Applicants are accused 2 and 3 in crime No.777/20 of
Vithura Police Station for having allegedly committed offence punishable under Sections 341, 294(b) 323, 324 and 308 r/w Section 34 of IPC.
Bail Appl..No.4022 OF 2020 3
this Court seeking indulgence.
Bail Appl..No.4022 OF 2020 4
like amount each to the satisfaction of the investigating officer and on following further conditions:-
(ii) They shall appear before the investigating officer as and when called for.
(iii) They shall not attempt to influence the witnesses or tamper with evidence.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON
JUDGE
rmm
1 issue framed by the court
Whether anticipatory bail should be granted to the applicants accused of offences under Sections 341, 294(b), 323, 324 and 308 IPC.
NOWNFAL AND ANR
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
