In a bail application, the Kerala High Court granted anticipatory bail to the accused in a criminal case alleging assault and hurt. The court held that custodial interrogation was unnecessary for the investigation.
Anticipatory bail granted subject to execution of bond, appearance when called, non-interference with investigation/witnesses, and no other crimes.
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 GOPINATH P.
THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943
BAIL APPL. NO. 15 OF 2022
CRIME NO.300/2021 OF SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT
PETITIONER/ACCUSED:
NOUSHAD A.K. AGED 24 YEARS AMMAN KUNNUMMAL HOUSE, PAZHEYANGADI, SREEKANDAPURAM P O, THALIPARAMBA, KANNUR DISTIRCT, KANNUR, PIN – 670 631.
BY ADV M.MUHAMMED SHAFI
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
ADV. NOUSHAD K.A (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 15 OF 2022
ORDER
This is an application for anticipatory bail.
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BAIL APPL. NO. 15 OF 2022
enmity with the de-facto complainant and that the injuries were sustained by de-facto complainant after he had fallen down. It is submitted that the petitioner had not attacked the de-facto complainant with a wooden stick as alleged.
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BAIL APPL. NO. 15 OF 2022
directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.300 of 2021 of Sreekandapuram Police Station, Kannur District, subject to the following conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the investigating officer in Crime No.300 of 2021 of Sreekandapuram Police Station, Kannur District, whenever called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.300 of 2021 of Sreekandapuram Police Station, Kannur District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the
BAIL APPL. NO. 15 OF 2022
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investigating officer in Crime No.300 of 2021 of Sreekandapuram Police Station, Kannur District may file an application before the Jurisdictional Court, for cancellation of bail.
Sd/- GOPINATH P. JUDGE
DK
1 issue framed by the court
Whether anticipatory bail should be granted to the accused in a case alleging offences under Sections 341, 323 and 308 IPC.
NOUSHAD A.K.
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
