Single Bench Bail Application where applicants charged with riots and arms offences sought bail on grounds that the Arms Act was not applicable. Court held offences sustainable were bailable and granted bail. Order dated 19.01.2021.
Released on bail upon execution of a bond for Rs. 50,000 each with two solvent sureties for the like amount.
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 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Bail Appl..No.130 OF 2021
CRIME NO.1131/2020 OF WADAKKANCHERRY POLICE STATION, PALAKKAD
PETITIONERS:
1 RAJEEV
AGED 23 YEARS SON OF RAMACHANDRAN, KIZHAKKUMURI HOUSE, KONNANJERRY, AYAKKADU P.O, PALAKKAD DISTRICT 678683
2 RAHUL
AGED 25 YEARS SON OF RAMACHANDRAN, KIZHAKKUMURI HOUSE, KONNANJERRY, AYAKKADU P.O, PALAKKAD DISTRICT
3 SHIJU AGED 31 YEARS SON OF RAJAN, KIZHAKKUMURI HOUSE, KONNANJERRY, AYAKKADU P.O, PALAKKAD DISTRICT
4 RAJESH
AGED 27 YEARS SON OF RAJU, KIZHAKKUMURI HOUSE, KONNANJERRY, AYAKKADU P.O, PALAKKAD DISTRICT
BY ADV. SRI.NIREESH MATHEW
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
Bail Appl..No.130 OF 2021
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R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.130 OF 2021
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O R D E R
Dated this the 19th day of January 2021
This Bail Application filed under Section 438 of the Criminal Procedure Code was heard through Video
Conference.
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weapons like sword and iron rods, when they caused hurt to them.
In the result, the application is disposed of with a direction to the applicants, who appear before the
Bail Appl..No.130 OF 2021
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Investigating Officer and in the event of their arrest, they released on bail on the execution of a bond 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.
(Sd/-) ASHOK MENON JUDGE
LU
2 issues framed by the court
Whether bail should be granted to the applicants charged with offences under the IPC and Arms Act.
Whether the offence under the Arms Act is sustainable given that the scene of occurrence is not a notified area.
Colour shows how this judgement treated each authority
Jinu Vs. State of KeralaReferred¶4
Jinu Vs. State of Kerala (2017 (5) KHC 365)
Stephen v. State of KeralaReferred¶4
Stephen v. State of Kerala 2018 (4) KHC 58
3 provisions across 3 enactments
Rajeev
Rahul
Shiju
Rajesh
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashok Menon
Parties & counsel
