Accused in a hotel assault case sought anticipatory bail. Having appeared before the Investigating Officer as directed under interim bail and executed bonds, the court found custodial interrogation unnecessary and made the interim bail order absolute.
Interim bail order dated 05.02.2024 made absolute.
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
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
BAIL APPL. NO. 427 OF 2024
CRIME NO.3909/2023 OF Ernakulam Central Police Station,
Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.3720 OF 2023 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONERS
1AAMOS,
AGED 23 YEARS
S/O.PAULSON, KUNNATH HOUSE, SASI ROAD, KELOTH
JUNCTION, PALLURUTHY, KOCHI, PIN – 682006
2FRANCIS ASHLY,
AGED 28 YEARS
S/O.ANTONY, NEELAMTHARA HOUSE, KATTIPARAMBU,
KANNAMALI P.O., KOCHI, PIN – 682008
3AMAL V.A,
AGED 24 YEARS
S/O.ASHOKAN, WARRIAM HOUSE, SDPY ROAD, PALLURUTHY,
KOCHI, PIN – 682006
BY ADV ARJUN S.
RESPONDENTS
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 6820312 MAHESH R, S/O.RAMACHANDRAN V, THADATHIL HOUSE, KOTTAPURAM P.O, KODUNGALLURis IMPLEADED AS ADDL.R2 IN CRL.M.A. 1/2024
B.A. No. 427 of 2024
2
BY ADVS.
ARUN FRANCIS
HARIKRISHNAN K.
DEENA JOSEPH
VISWAJITH C.K
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 427 of 2024
3
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by accused Nos.1 to 3 in Crime No.3909 of 2023 of Central Police Station, Ernakulam, registered under Sections 341,323,324,326,427 read with Section 34 of IPC.
B.A. No. 427 of 2024
4
09.02.2024 and also on 13.02.2024 as per the directions in the interim bail order. The investigation has progressed substantially.
So, this Court is of the view that custodial interrogation is not needed for the purpose of investigation. So, this bail application is disposed of, making the interim bail order dated 05.02.2024 absolute.
Sd/-
SOPHY THOMAS
JUDGE
smm
B.A. No. 427 of 2024
5
APPENDIX OF BAIL APPL. 427/2024
PETITIONER ANNEXURES |
|||
|---|---|---|---|
Annexure A1A TRUE |
COPY |
OF |
THE FIR AND FIS IN |
CR.NO.3 |
909/202 |
3 |
OF CENTRAL POLICE |
STATION |
, ERNAK |
ULA |
M DTD 17.12.2023 |
Annexure A2A TRUEANJANA |
COPY OFLIMSON |
TBE |
HE COMPLAINT FILED BYFORE THE SHO-CENTRAL |
POLICE |
STATION |
||
Annexure A3A TRUE |
COPY |
OF |
THE ORDERS OF THE |
HON'BLE |
SESSIO |
NS |
COURT- ERNAKULAM IN |
CRL.MC. |
NO.3720 |
/20 |
23 DTD 10.01.2024 |
1 issue framed by the court
Whether anticipatory bail should be granted to accused Nos.1 to 3 when investigation has substantially progressed and they complied with interim bail conditions.
7 provisions across 2 enactments
Aamos
Francis Ashly
Amal V.A
State of Kerala
Mahesh R
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court