SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Crime No. 868/2018 Of Alathur … vs By Adv. Sri.V.A.Johnson … on 15 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

Bail Appl..No. 7574 of 2018

CRIME NO. 868/2018 OF ALATHUR POLICE STATION , PALAKKAD

APPLICANTS/ACCUSED NOS.1 AND 2:

1 RADHAKRISHNA,
AGED 46 YEARS,
S/O.KUNJELAN, HARINIVAS, VADAKKUMURI, ATHIPOTTA, ALATHUR,
PALAKKAD.

2 SIVAN
AGED 47 YEARS
KUNJUNNI, KUNDUTHOD, PADOOR P.O., ALATHUR, PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.

SMT MAYA, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 7574/2018 -2-

ORDER

The petitioners are accused Nos. 1 and 2 in Crime No. 868 of 2018

of Alathur Police Station, Palakkad for offences punishable under

Sections 341, 323 and 354 r/w Section 34 IPC.

2. The case of the prosecution is that on 28.10.2018, at about 2

p.m., the accused with their common intention, attacked the de facto

complainant and caused hurt to her. It is also alleged that the accused

caused hurt on her breast and thereby committed the aforesaid offences.

3. The learned counsel for the petitioners argued that the

petitioners are innocent of the allegations levelled against them and

there are no allegations in the FI statement to constitute an offence

under Section 354 IPC. He has further submitted that in fact, the

petitioners were attacked by the de facto complainant and others and

Crime No. 869 of 2018 was registered against them.

4. I have heard the learned Public Prosecutor as well.

4. The case is related to the civil dispute and the parties are

neighbours and the counter case is also pending.

5. Considering the above circumstances and the arguments

advanced by both sides, I am inclined to grant anticipatory bail by

invoking Section 438 of the Cr.P.C on the following conditions:

1. The petitioners herein shall surrender before the SHO, Alathur
B.A. No. 7574/2018 -3-

Police Station, Palakkad on or before 04.12.2018 between 10

a.m and 11 a.m. and they shall be released on bail on

executing a bond for Rs.50,000/- (Rupees fifty thousand only)

each with two solvent sureties each for the like sum to the

satisfaction of the Investigating Officer.

2. The petitioners shall appear before the SHO, Alathur Police

Station at 9 a.m. on every Saturdays for three months

commencing from 08.12.2018 or till the charge sheet is filed,

whichever is earlier.

3. The petitioners shall not influence the witnesses or tamper any

evidence in this case.

4. If the petitioners violates any of the above conditions, the bail

granted to them shall stand cancelled, forthwith.

This application is allowed as above.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No. 7574/2018 -4-

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation