Allowed

Sumesh v. State of Kerala

Kerala HC15 Jun 2009Bail Appl./2795/2009

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to two petitioners accused in an affray case. The court imposed conditions including reporting to the investigating officer, appearing for interrogation, not influencing witnesses, refraining from further offenses, and surrendering for regular bail after one month.

What did the court decide?

Anticipatory bail granted for one month with bond of Rs. 25,000/- each and conditions.

Sumesh Vs State of Kerala — Anticipatory Bail | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931

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Bail Appl..No. 2795 of 2009()

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------------------------------------CRIME NO.73/2009 OF SAKTHIKULANGARA POLICE STATION

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PETITIONERS/ACCUSED NOS.4 AND 6.:

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SUMESH,S/O.BALAN(A4)AGED 24 YRS, CHOZHATHIL VADAKKATHIL,KANNIMELCHERRY, SAKTHIKULANGARA,KOLLAM.

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SHAMNAD,S/O.SHANAR(A6)AGED 18 YEARS, CHOZHATHIL VADAKKATHIL,KANNIMEL CHERRY, SAKTHIKULANGARA,KOLLAM.

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BY ADV. SRI.DILEEP P.PILLAI

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RESPONDENT/COMPLAINANT:

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

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SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No. 2795 of 2009

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Dated this the 15^th day of June, 2009

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 6 in Crime No.73/2009 of Sakthikulangara Police Station.

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The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code.

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The prosecution case is that on 28/02/2009, while the defacto complainant and his friends were sitting on a compound wall of the house of the defacto complainant, several identifiable persons came there and tried to attack the friend of the defacto complainant. The defacto complainant interfered and he was also attacked by the accused persons with stick and bricks. It would appear that most of the persons involved on either side are students.

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Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be

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B.A. No. 2795 /2009

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granted to the petitioners. There will be a direction that in the

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event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders;

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B) The petitioners shall appear before the investigating officer for interrogation as and when required;

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C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence.

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D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail.

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E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail.

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F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated

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above.

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K.T. SANKARAN, JUDGE

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scm

Sumesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sumesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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