This is an order granting pre-arrest bail to the first accused in a criminal case involving offences under sections 341, 324 and 326 IPC for assault and arising out of a fight.
Petitioner granted pre-arrest bail on executing Rs.50,000 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.
BAIL APPL. NO. 6621 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA,
1943
BAIL APPL. NO. 6621 OF 2021
(CRIME NO.1176 OF 2021 OF OLLUR POLICE STATION, THRISSUR
DISTRICT)
PETITIONER/ACCUSED NO.1
DERIN DAVIS AGED 19 YEARS S/O.DAVIS, PARACKAL HOUSE, ANCHERY VILLAGE, MARIYAPURAM DESOM, THRISSUR - 680 006. BY ADVS. JITHIN BABU A ARUN SAMUEL
RESPONDENT/STATE
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 STATION HOUSE OFFICER OLLUR POLICE STATION, THRISSUR, PIN - 680 360. 3 ADDL.R3. SHAJO PAUL S/O PAUL, PUTHUKKATTUKARAN HOUSE, MARIYAPURAM DESOM. ANCHERY VILLAGE, THRISSUR DISTRICT, PIN680666. IS IMPLEADED AS PER ORDER DATED 09/11/2021 IN CRL.M.A. NO.2/2021. BY ADV RAPHAEL THEKKAN SRI. NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6621 OF 2021
2
ORDER
Application for pre-arrest bail.
of Ollur Police Station, registered for the offences punishable under Sections 341, 324 and 326 of the Indian Penal Code.
he has not committed any offence as alleged by the prosecution, in fact he is totally innocent.
BAIL APPL. NO. 6621 OF 2021
3
investigation has considerably progressed, I am inclined to grant pre-arrest bail to the petitioner subject to the following conditions:
(i) The petitioner shall be released on bail on executing 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) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the investigation of the case.
(iii) The petitioner 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) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above
conditions, the jurisdictional court is empowered to cancel
the bail in accordance with the law.
Sd/-
SHIRCY V.
smm
JUDGE
BAIL APPL. NO. 6621 OF 2021 4
1 issue framed by the court
Whether the petitioner charged under sections 341, 324 and 326 IPC is entitled to pre-arrest bail.
1 provisions across 1 enactments
Derin Davis
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
