Anticipatory bail application by accused 4 and 5 in a case of unlawful assembly and assault. The second petitioner was arrested and enlarged on regular bail during pendency. The court found no specific overt act against the first petitioner and allowed pre-arrest bail on conditions; the application as regards the second petitioner was dismissed.
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Bail Application No. 6 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945
BAIL APPL. NO. 6 OF 2024
CRIME NO.1224/2023 OF Manimala Police Station, Kottayam
PETITIONER/S:
1ABRAHAM K.V,
AGED 65 YEARS
S/O VARGHESE, KUTTIPARAMBIL HOUSE, VADAVATHOOR P.O,
VIJAYAPURAM,KOTTAYAM DISTRICT, PIN - 686010
2PADMAKUMARPADMANABHAPILLAI @ PADMAKUMAR,
AGED 41 YEARS
S/O V.K. PADMANABHAPILLAI, , VALIYAYATHOTTATHIL
HOUSE,AYTHALA P.O, RANNY, PAZHAVANGADI,
PATHANAMTHITTA,LYTHALA, PIN - 689673
BY ADVS.
M.RISHIKESH SHENOY
Asaf Ali T
LALIZA.T.Y.(K/1427/2002)
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
OTHER PRESENT:
SMT.NEEMA T.V ,SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Bail Application No. 6 of 2024
C.S.DIAS,J
======================
Bail Application No.6 of 2024
Dated this the 2nd day of February, 2024
ORDER
The application is filed under Section 438 of the Code of
Criminal Procedure, 1973, for an order of prearrest bail.
of the Indian Penal Code and Sec .27 of the Arms Act.
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Bail Application No. 6 of 2024
defacto complainant and his wife were travelling and the first accused hit on the face of the defacto complainant and the second accused hit with wooden stick on the hand of the wife of the defacto complainant. The accused 3 to 5 uttered obscene words and threatened them to kill the defacto complainant and the sixth accused caused damage to the vehicle. Thus, the accused have committed the above offences.
enlarged on bail by order in BA No.643/2024. Therefore, the bail application is being confined to the reliefs sought for by
the first petitioner/fourth accused.
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Bail Application No. 6 of 2024
5
Bail Application No. 6 of 2024
have already been enlarged on bail as per the orders of this Court. She also did not dispute the fact that there is no specific overt act alleged against the petitioner.
In the result, the application is allowed subject to the following conditions:
i) The first petitioner is directed to surrender before the Investigating Officer within ten days from today.
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Bail Application No. 6 of 2024
ii) In the event of the first petitioner's arrest, the Investigating Officer shall produce him before the
jurisdictional court on the date of surrender itself.
iii) On such production, the jurisdictional court shall release the first petitioner on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court;
iv) The first petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating
Officer directs;
v). The first petitioner shall not intimidate witnesses or interfere with the investigation in any manner;
vi). The first petitioner shall not get involved in any other offence while on bail.
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Bail Application No. 6 of 2024
vii). In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
viii). Applications for deletion/modification of the bail
conditions shall also be filed before the court below.
The bail application in respect of the second petitioner is dismissed.
SD/-
sks/2.2.2024 C.S.DIAS, JUDGE
1 issue framed by the court
Whether the first petitioner, accused 4 with no specific overt act alleged beyond shouting at the defacto complainant, was entitled to pre-arrest bail under Section 438 CrPC.
3 provisions across 3 enactments
Abraham K.V
Padmakumar Padmanabhapillai @ Padmakumar
State of Kerala
C.S.Dias
As recorded by the court registry
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