SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Online)(KER) 45551

HIGH COURT OF KERALA
P.BHAVADASAN, J
SREEJITH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.BASANT BALAJI, SRI. DHANESH MATHEW MANJOORAN

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with appropriate references:

  • The petitioner, who is the 2nd accused in a case under Sec. 394 of the Indian Penal Code, fears arrest and has filed for anticipatory bail (!) (!) .
  • The prosecution's account alleges that the petitioner and others chased the complainant, restrained him, and the petitioner snatched money from him, though the defense claims no overt act is attributed to the petitioner (!) (!) .
  • The court observed that custodial interrogation is not justified in this case due to the lack of substantial evidence linking the petitioner to the alleged offence (!) .
  • The court granted anticipatory bail with specific conditions, including surrendering on a specified date for interrogation, reporting regularly to the investigating officer, cooperating with the investigation, and refraining from influencing witnesses or committing further offences (!) (!) (!) (!) (!) (!) .
  • If the petitioner is arrested after interrogation, he is to be released on bail upon executing a bond and complying with the stipulated conditions (!) .
  • The court emphasized that violation of bail conditions could lead to cancellation of the bail, and the investigating officer has the authority to direct further appearances or detention as necessary (!) .
  • The order was passed by a judge of the High Court of Kerala, who found that the allegations did not warrant custodial interrogation and thus granted relief accordingly (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


O R D E R

Petitioner is the 2nd accused, in Crime No.758 of

2013 of the Poovar Police station for the offence punishable under Sec.394 of the Indian Penal Code , apprehends arrest and has filed the application.

2. Learned Public Prosecutor, while opposing the application has submitted that on 24.10.2013 at about 4 p.m., the petitioner and accused nos.1 and 2 chased the defacto complainant who was riding a motor cycle, restrained and wanted him to take one of the accused on his motor cycle. When that was refused, the 2nd accused snatched Rs.510/- (Rupees five hundred and ten only) from the pocket of the defacto complainant and assaulted him.

3. Learned counsel submits that the allegations are not true. It is submitted that at any rate no overt act is attributed to the petitioner.

4. Having regard to the alleged role of the petitioner, I am inclined to think that his custodial interrogation is not required. Hence, I am inclined to grant relief to the petitioner.

Resultantly, the application is allowed as under.

1. Petitioner shall surrender before the officer investigating Crime No.758 of 2013 of the Poovar Police station on 27.12.2013 at 10.00 am for interrogation.

2. In case interrogatio

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top