High Court of Kerala granted interim custody to petitioners charged with offences under IPC and JJ Act for interrogation instead of anticipatory bail, directing surrender within three weeks.
Petitioners directed to surrender for interrogation within three weeks and released on bail upon executing a bond.
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 ZIYAD RAHMAN A.A.
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 BAIL APPL. NO. 2557 OF 2023
CRIME NO.327/2023 OF KALAMASSERRY POLICE STATION
PETITIONERS/ACCUSED 1 & 2:
1 BIPIN KUMAR TIWARI AGED 41 YEARS S/O.UDAYA SANKAR TIWARI, H.NO.69, GORKHAPUR, UTTAR PRADESH, NOW RESIDING AT SHAMEER RASHEED HOUSE, UNNICHIRA, NEAR STATE BANK OF INDIA, KALAMASSERRY, ERNAKULAM, PIN - 682022
2 SONY PANTAY AGED 33 YEARS W/O.DEEPAK PANTEY H.NO.69, GORKHAPUR, UTTAR PRADESH, NOW RESIDING AT SHAMEER RASHEED HOUSE, UNNICHIRA, NEAR STATE BANK OF INDIA, KALAMASSERRY, ERNAKULAM, PIN - 682022 BY ADVS. P.V.ANILKUMAR D.SARITHA KEERTHI PRIYA A. JOHN MANJOORAN P.P.GENSON
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
ADV. C.S HRITWIK, SR.GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 10th day of July, 2023
This is an application for anticipatory bail.
of Kalamassery Police Station registered for the offences punishable under Sections 323, 324, 294(b) and 506 read with Section 34 of the Indian Penal Code and under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015. The crime was registered on the basis of the information furnished by the minor girl, aged 12 years, who is none other than the daughter of the 1st petitioner.
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anticipatory bail is submitted in such circumstances.
for the petitioners and Sri. C.S. Hritwik, the learned Senior Public Prosecutor for the State.
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that, the limited custody of the petitioner for the purpose of interrogation would meet the ends of justice. The custodial interrogation of the petitioners appear to be not necessary.
In such circumstances, this bail application is disposed of with the following directions:
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any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(viii) The petitioners shall not leave India without the permission of the Jurisdictional Court.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
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APPENDIX OF BAIL APPL. 2557/2023
PETITIONER ANNEXURES Annexure- A2 CERTIFIED COPY OF THE ORDER DATED 28/2/2023 IN CRL.M.C.NO.460/2023 ON THE FILE OF HON'BLE DISTRICT AND SESSIONS COURT, ERNAKULAM.
1 issue framed by the court
Whether to grant interim custody to the petitioners for interrogation instead of anticipatory bail.
2 provisions across 2 enactments
BIPIN KUMAR TIWARI
SONY PANTAY
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
