The High Court of Kerala granted anticipatory bail to the applicant, the second accused in an assault case, allowing him to surrender within two weeks and granting bail after arrest under specific conditions.
Application allowed; directed to surrender within two weeks; upon arrest, to be released on bail with bond of Rs.50,000 and 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
TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942 Bail Appl..No.6091 OF 2020
CRIME NO.1990 OF 2020 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
AJMAL KHAN, AGED 24 YEARS, S/O. NAJEEM, CHIRAYIL VEEDU, KOTTIYAM.P.O, KOLLAM DISTRICT PIN-691571 BY ADV. SRI.BINU GEORGE
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
OTHER PRESENT:
SRI.C.N.PRABHAKARAN - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6091 OF 2020
ORDER
Dated this the 10th day of November, 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicant is the 2nd accused in Crime No.1990 of 2020 of Kollam East Police Station, Kollam, for having allegedly committed offences punishable under Sections 294(b), 323 and 325 read with Section 34 of the IPC. Subsequently, offence under Section 326 IPC has also been incorporated. The prosecution case, in brief, is this:
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3
accused/applicant apprehends arrest and is therefore before this Court seeking anticipatory bail. It is submitted that he does not have any criminal antecedents. There is nothing to be recovered from him. And, therefore, he may be released on bail.
(i) He shall appear before the Investigating Officer as and
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when called for.
(ii) He shall not intimidate or influence witnesses and
tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/10/11/20
1 issue framed by the court
Whether the applicant, who is the 2nd accused apprehending arrest and has no criminal antecedents, is entitled to anticipatory bail.
2 provisions across 1 enactments
Ajmal Khan
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
