Allowed

Joseph v. State of Kerala

Kerala HC4 Mar 2008Bail Appl./1133/2008

Case brief

AI extract

What is this about?

The court granted anticipatory bail to four accused under Section 438 Cr.P.C. The offences involved Section 308 IPC and others, with alleged malafides. The Public Prosecutor did not oppose the application, noting no serious injury was caused. Specific directions were issued for surrender and appearance.

What did the court decide?

Anticipatory bail granted subject to conditions: surrender by 11.3.08, execution of Rs.50,000 bond with sureties, appearance for interrogation and future dates.

Joseph Vs State of Kerala — Anticipatory Bail | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT

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TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929

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Bail Appl..No. 1133 of 2008()

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----------------------------CRIME NO.1133/2008 OF SAKTHIKULANGARA POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.284/2008 Dated 11/01/2008

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PETITIONERS/ACCUSED 1,2,5 AND 8:

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JOSEPH, S/O. DASAN, KATTUVILA PURAYIDAM, ARAVILA, KAVANADU P.O.,KOLLAM

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VINOD, S/O. PANKAJAKSHAN, KAMBETHAYYATHU VEEDU, KUREEPUZHA, KAVANADU P.O., KOLLAM.

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ANIL, S/O. BEN, ALUVILA THEKKATHIL, ARAVILA, KAVANADU P.O.,KOLLAM.

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BIJU, S/O. GEORGE, ANJALI, VALLIKKEZHU, KAVANADU P.O., KOLLAM.

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BY ADV. SRI.DILEEP P.PILLAI

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RESPONDENTS: COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.JAI GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. BASANT, J.

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B.A. No. 1133 OF 2008 F

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Dated this the 4^th day of March, 2008

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O R D E R

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Application for anticipatory bail. Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under section 308 read with 149 IPC. All other offences alleged are bailable offences. Prior animosity is the alleged motive. Weapons like sword etc. were allegedly used. Investigation is in progress. The petitioners apprehend imminent arrest.

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The learned counsel for the petitioners submits that the allegations are totally unjustified. The offence under section 308 IPC is alleged with transparent malafides with the sole purpose of vexation. The petitioners may, in these circumstances, be granted anticipatory bail, it is prayed.

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The learned Public Prosecutor does not oppose the application for anticipatory bail. He points out that no serious injury whatsoever has been suffered by the victim.

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BA.1133/08

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: 2 :

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I am, in these circumstances, satisfied that

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anticipatory bail can be granted to the petitioners subject to appropriate conditions. In the absence of the opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order.

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In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners.

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i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11.3.08. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.

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ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 12.3.08 and 13.3.08. During this period, the investigating officer shall be at liberty to interrogate the

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BA.1133/08

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: 3 :

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petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently, the petitioners shall so appear as and when directed by the investigating officer in writing to do so.

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(iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all.

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(iv) If they were arrested prior to 11.3.08, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11.3.08.

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(R.BASANT, JUDGE)

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aks

Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph v. State of Kerala

Case brief

What is this about?

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