The High Court of Kerala granted anticipatory bail to the petitioner, who was accused in an unlawful assembly case. The court allowed bail upon surrender within ten days, execution of a bond, and cooperation with investigation.
Petitioner granted anticipatory bail upon surrendering within ten days and executing a bond with 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 K.HARIPAL
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
BAIL APPL. NO. 4043 OF 2021
PETITIONER:
SARATH SHAJI AGED 23 YEARS VAISHNAVAM A 50 C, AROOKUTTY S.O, ALAPPUZHA, AROOKUTTY, PIN - 688535 BY ADVS. SABI C SHAJI ARUN GEORGE.D
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
This is an application filed under Section 438 of the Cr.P.C. seeking anticipatory bail by the 4th accused in Crime No.290 of 2021 of Poochackal police Station. Accused and six others face allegations under Sections 143, 147, 148, 452, 323, 294(b), 324, 308, 427, 506 read with Section 149 of the IPC, besides under Section 5 read with Section 3 of the Kerala Prevention of Damages to Private Property and Payment of Compensation Act, 2019. The alleged incident had happened on 18.04.2021.
on bail on executing bond for Rs.50,000/- (fifty thousand rupees only) with
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two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with evidence and shall not
involve in any crime during the period on bail.
Bail Application is allowed in part as above.
Sd/-
K. HARIPAL
JUDGE
RMV/08/07/2021
3 issues framed by the court
Whether anticipatory bail should be granted to the 4th accused who faces charges of unlawful assembly and related offences.
Whether the lack of criminal antecedents and grant of bail to other accused warrants release on bail in this case.
Whether custodial interrogation is warranted given the alleged circumstances of the offense.
3 provisions across 3 enactments
SARATH SHAJI
STATE OF KERALA
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
