This is a bail application filed under Section 438 CrPC by accused persons. The High Court, noting that main accused were arrested and released on bail and there is no criminal history, granted anticipatory bail on conditions subsequent.
Grant of anticipatory bail on conditions including appearance for interrogation and payment of Rs. 50,000 bond.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
Bail Appl..No.6271 OF 2020
CRIME NO.215/2018 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S) :
1 JASEEMUDHEEN H., AGED 21 YEARS, SO. HAMARDEEN, VILAYIL VEEDU, KONNIYOOR, PUNALAL, PERUMKULAM, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM PIN-695575.
2 NASEEMUDHEEN. H AGED 23 YEARS, S.O. HAMARDEEN, VILAYIL VEEDU, PONNIYOOR, PUNALAL, PERUMKULAM, THIRUVANANTHAPURAM, PIN-695575.
BY ADVS. SRI.K.K.DHEERENDRAKRISHNAN SMT.N.P.ASHA
RESPONDENT(S) :
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.
BY SRI. K.P. HARISH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6271 OF 2020 2
ORDER
This application is filed under Section 438 of the Cr.P.C.
Bail Appl..No.6271 OF 2020
3
Court and by Annexure 3 order, pre-arrest bail was granted and taking note of this aspect the 3rd accused was granted anticipatory bail by the Court of Session by order dated 15.10.2020 in Crl.M.C. No. 1854 of 2020. According to the learned counsel, the applicants have only a minor role to play and prays that they be spared from the rigors of custodial interrogation.
Having regard to the change of circumstances that has arisen, the
Bail Appl..No.6271 OF 2020 4
nature of allegations against the applicants, the role attributed to them and attendant facts, I am of the view that they can be granted bail on conditions.
Bail Appl..No.6271 OF 2020 5
all Mondays' at 10 a.m. till the final report in Crime No.215 of 2018 of Kattakada Police Station, Thiruvananthapuram is filed.
issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic.
the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
/TRUE COPY/
P.A. TO JUDGE
2 issues framed by the court
Whether anticipatory bail should be granted to accused persons accused of offences under the IPC.
Whether the change in circumstances warrants granting bail on specific conditions.
2 provisions across 2 enactments
Jaseemudheen H. and another
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
