N.DHINAKAR
State of Kerala – Appellant
Versus
Sajeev Mathew – Respondent
ORDER
N. Dhinakar, J.- Cr. M.C. 1470/95 is by the State, to set aside the order of the Addl. Chief Judicial Magistrate, Ernakulam, releasing the respondent, first accused, in Crime No. 118/95 on the file of the Hill Palace Police Station, on bail and to order his police custody for the purpose of investigation in the said crime number.
2. Crl. M.C. 1458/95 is a petition filed by accused 2 to 4 for anticipatory bail in the same number.
3. Crl. R.C. 9/95 is taken suo motu by the High Court, on the orders of My Lord The Chief Justice, to consider the propriety of the orders of the learned Addl. Chief Judicial Magistrate, Ernakulam, in granting bail to the 1st accused.
As the issue to be decided in all the above matters is the same, the following common order is being passed.
4. Shorn of all unnecessary details, few facts do need mentioning. On a complaint given by a Sam Joseph, Cochin, on 8-8-1995, a case in Crime.
No. 118/95 was registered at Hill Palace Police Station against the accused 1 to 4 (the respondent in Crl. M.C. 1470/95, and the petitioners in Crl. M.C. 1458/95 respectively and they will be referred to as accused in this order for the sake of convenience) for an offence p
Aslam Babalal Desai v. State of Maharashtra; AIR 1993 SC 1:Distinguished.
Dolat Ram & others v. State of Haryana; 1(1995)1 SCC 349: Distinguished.
State through Delhi Administration v. Sanjay Gandhi; AIR 1978 SC 961 Distinguished.
Bhagirathsinh Judeja v. State of Gujarat; AIR 1984 SC 372: Distinguished.
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