Kerala High Court considered pre-arrest bail application by three accused. It granted bail to two accused who did not actively inflict injuries but dismissed the application for the first accused who wielded a weapon and caused grievous hurt.
Pre-arrest bail allowed for petitioners 2 and 3 on bond of Rs. 50,000; application dismissed against petitioner 1.
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 MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
BAIL APPL. NO. 6004 OF 2021
AGAINST THE ORDER IN CRMC 1055/2021 OF I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
CRIME NO. 541 OF 2021 OF VENJARAMOODU POLICE STATION
PETITIONERS/A1 TO A3:
1 SHAN, AGED 27 YEARS S/O. SHAJAHAN, SHEMI MANZIL, THYCODE, PIRAPPANCODE, THIRUVANANTHAPURAM DISTRICT.
2 NAZEEM SHA, AGED 32 YEARS S/O. NAZEEB, N.S.MANZIL, VELAVOOR, KOLIYAKODE, THIRUVANANTHAPURAM DISTRICT.
3 SAHAD, AGED 18 YEARS S/O. NAZEEM, CHERUVILAKATHU VEEDU, VELAVOOR, KOLIYAKODE, THIRUVANANTHAPURAM DISTRICT.
BY ADV SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
OTHER PRESENT:
SREEJA.V- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.6004/2021
2
ORDER
DATED THIS THE 8TH DAY OF SEPTEMBER, 2021
The petitioners are the accused in Crime No. 541 of 2021 of Venjaramoodu Police Station registered for the offences punishable under Sections 294(b), 341, 323, 324, 326 and 506 read with Section 34 of the Indian Penal Code.
B.A.6004/2021
3
B.A.6004/2021
4
and 3 are entitled for pre-arrest bail as requested by the learned
counsel for the petitioners.
Therefore, as far as petitioners 2 and 3 are concerned, this application is allowed subject to the following conditions:
(i) Petitioners 2 and 3 shall be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.
(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) They shall not commit any offence while on bail.
B.A.6004/2021
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In case of violation of any of the above conditions,
the learned Magistrate is empowered to cancel the bail in accordance with the law.
As far as the 1st petitioner is concerned, this application
stands dismissed.
Sd/-
SHIRCY V. JUDGE
sb
1 issue framed by the court
Whether bail shall be granted to accused 2 and 3 and rejected against accused 1 in a case of violent assault.
SHAN & ORS.
STATE OF KERALA
SHIRCY V.**
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
