Asokan vs The State Of Kerala on 10 March, 2010

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Kerala High Court
Asokan vs The State Of Kerala on 10 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1284 of 2010()


1. ASOKAN, S/O.RAGHAVAN,THATTANPURAKKAL
                      ...  Petitioner
2. PREMKUMAR, S/O.RAGHAVAN,THATTANPURAKKAL

                        Vs



1. THE STATE OF KERALA, REP. BY THE SUB
                       ...       Respondent

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :10/03/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ------------------------------------------
               B.A.NO.1284 OF 2010
           ------------------------------------------
            Dated 10th March 2010


                         O R D E R

Petitioners are the accused in

crime No.18/2010 of Chelakara police

station registered for the offences under

Sections 452, 341, 323, 324, 294(b) and 354

read with Section 34 of Indian Penal Code.

Petitioners approached the learned Sessions

Judge, Thrissur for anticipatory bail. By

Annexure-A1 order, it was dismissed. This

petition is filed under Section 438 of Code

of Criminal Procedure to release them on

bail in the event of their arrest.

2. Learned counsel appearing for

the petitioners and learned Public

Prosecutor were heard.

       3. Prosecution                    case         is  that

BA 1284/10
                         2


petitioners trespassed into the house of de

facto complainant and caused hurt by beating

him with a chapel and caught hold of the hand

of the lady and thereby insulted her modesty

and also scolded them using obscene language

and thereby committed the offences. From the

nature of the offences alleged, I do not find

that custodial interrogation of the accused is

mandatory. In such circumstances, petitioners

are to be released on bail, in the event of

their arrest.

Petition is disposed as follows. In the

event of arrest of the petitioners in crime

No.18/2010 of Chelakara police station, they

shall be released on bail on executing bond to

the satisfaction of the Investigating Officer

on the following conditions.

1) Petitioners shall appear before the

BA 1284/10
3

Investigating Officer as and when required.

2) Petitioners shall not induce or

threaten any person from disclosing facts known

to them to the Investigating Officer or to the

court.

3) Petitioners shall not leave India

without permission of the concerned Magistrate.

4) The order will prevail for three

weeks and it is upto the petitioners to

approach the concerned Magistrate and seek

regular bail.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.

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