The High Court of Kerala granted anticipatory bail to accused persons charged under provisions of IPC for trespass, assault, and affray, directing surrender and imposing standard bail conditions.
Grant of anticipatory bail on execution of bond for Rs.50,000 and compliance with surrender and standard conditions.
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 SOPHY THOMAS
FRIDAY, THE 11TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943
BAIL APPL. NO. 768 OF 2022
(Crime No.29 of 2022 of Nattukal Police Station)
PETITIONERS/ACCUSED 1 & 2:
1 ABDUL NASAR AGED 55 YEARS, S/O. ABDU, PALAMANNA HOUSE EDATHANATTUKARA.P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT-678 601.
2 HANEEFA AGED 50 YEARS, S/O.ABDU, PALAMANNA HOUSE, EDATHANATTUKARA.P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT-678 601.
BY ADV P.JAYARAM
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SMT. C. SEENA , PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A No.768 of 2022
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SOPHY THOMAS, J.
Bail Application No.768 of 2022
Dated this the 11th day of February, 2022
O R D E R
This is an application for anticipatory bail under Section 438
Cr.P.C.
of Nattukal Police Station, registered under Sections 452, 324, 294(b) read with Section 34 of IPC.
B.A No.768 of 2022
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inflicted one. There is no need of any custodial interrogation.
From the available facts and circumstances, it seems that, custodial interrogation of the petitioners are not needed. So, this Court is inclined to allow this petition on the following terms:
B.A No.768 of 2022
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evidence within their knowledge which are useful for the investigation.
In case of violation of any of the above conditions, the
Jurisdictional Magistrate is empowered to cancel the bail, in accordance with law.
Sd/-
SOPHY THOMAS JUDGE
smp
2 issues framed by the court
Whether anticipatory bail is grantable despite custodial interrogation not being immediately required.
Whether the allegations of false suppression or bias against relatives warrant refusal of bail.
2 provisions across 2 enactments
ABDUL NASAR
HANEEFA
STATE OF KERALA
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
