Deepthy Anand vs. State Of Kerala
Held
The High Court allowed the anticipatory bail application, directing the petitioners to appear before the Investigating Officer, undergo interrogation, and be released on bail upon executing a bond with sureties, subject to stringent conditions including cooperation with the investigation and not leaving India.
Facts
Petitioners, relatives of one Kishore Kumar, sought anticipatory bail after being accused of obstructing a Dy.S.P., Vigilance, and an Assistant Commissioner, GST Department, from arresting Kishore Kumar, who was facing a vigilance trap case for bribery. They allegedly wrongfully restrained and abused the officers during the attempted arrest.
Key Issues
The primary legal issue was whether the petitioners were entitled to anticipatory bail under Section 438 CrPC for allegedly obstructing public servants from performing their duty, considering the nature of the allegations and the need for social distancing in prisons.
Sections Cited
Section 438 of Criminal Procedure Code, Sections 341, 353, 294(b), 506(i) r/w Section 34 of the IPC
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 07TH DAY OF SEPTEMBER 2020 / 16TH BHADRA, 1942 Bail Appl..No.5297 OF 2020 AGAINST THE ORDER/JUDGMENT IN CRMP 2197/2020 DATED 14-08-2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA CRIME NO.984/2020 OF Harippad Police Station , Alappuzha PETITIONER/ACCUSED: 1 DEEPTHY ANAND AGED 40 YEARS AISWARYA, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE. PIN 690514 2 ANJITH AGED 36 YEARS ANU NIVAS, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE PIN-690514 3 ANUP AGED 38 YEARS ANU NIVAS, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE PIN-690514 4 NANDA KISHORE AGED 19 YEARS AISWARYA, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE PIN 690514 5 NAVAL KISHORE AGED 15 YEARS AISWARYA, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE PIN-690514 BY ADV. SMT.K.M.SHISHA RESPONDENT/: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
B.A.No. 5297 OF 2020 2 OTHER PRESENT: SRI.C.N.PRABHAKARAN, SR.GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 5297 OF 2020 3 P.V.KUNHIKRISHNAN, J -
The judgment continues below.
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