The High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. for accused involved in an assault case, directing surrender within two weeks and imposing security conditions including bond with sureties.
Anticipatory bail allowed; directed to surrender within two weeks; bond of Rs.50,000 with 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 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
Bail Appl..No.5511 OF 2020
CRIME NO.775/2020 OF Mannuthy Police Station, Thrissur
PETITIONER/S:
1 HRISHIKRADH@ SAGAR, AGED 26 YEARS PULIYARATH PARAMBIL HOUSE, PO AYYAPPANKAVU, MULAYAM, THRISSUR - 680751.
3 SARATH, AGED 32 YEARS S/O. SASI, MALIYEKKAL HOUSE, PO, VETTIKAL, MANNUTHY, THRISSUR – 680651.
BY ADV. SRI.VISHNUPRASAD NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031
R2 BY ADV. SRI.E.VIJIN KARTHIK
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.5511 OF 2020
2
ORDER
Dated this the 5th day of November 2020
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
The applicants are accused Nos.1 to 3 in Crime No.775/2020 of Mannuthy Police Station, Thrissur, for having allegedly committed offences punishable under Sections 341, 323, 324, 427, 308 r/w Section 34 of the IPC.
furtherance of common intention wrongfully restrained the de facto complainant and attacked him with dangerous weapons like iron pipe and
sword, and thereby inflicted injuries and attempted to commit culpable homicide.
and the allegations are not true and the de facto
complainant and the injured has not sustained any serious injuries and moreover the matter has been
amicably settled between them. The de facto
3
Bail Appl..No.5511 OF 2020
complainant has appeared through counsel and filed an affidavit to that effect.
applicants, de facto complainant and the learned Public Prosecutor.
no instructions were received regarding the settlement. However, the de facto complainant has
appeared through counsel and has filed an affidavit and therefore the veracity of that affidavit is not to be doubted. Moreover, this is
not a petition under Section 482 Cr.P.C for quashing the proceedings. I am not going into the antecedents of the applicants. The applicants are entitled to be released on anticipatory bail.
and the applicants are directed to surrender before the investigating officer within two weeks.
In the event of their being arrested, after interrogation and recovery if any, they shall be
Bail Appl..No.5511 OF 2020
4
released on bail on execution of bonds for
Rs.50,000/-(Rupees Fifty thousand only) each with
two solvent sureties for the like amount each to
the satisfaction of the investigating officer and
on the following conditions;
influence or intimidate witnesses.
officer as and when called for.
offences during the bail period.
In the event of violating the bail conditions,
the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDG
spk
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C.
Whether settlement of the matter influences the grant of anticipatory bail.
2 provisions across 2 enactments
HRISHIKRADH@ SAGAR
AROMAL
SARATH
STATE OF KERALA
ASHIK
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
