Allowed

Biju and Others v. State of Kerala

Kerala HC13 Mar 2009Bail Appl./381/2009

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to four accused individuals under Section 438 Cr.P.C. for offences including assault and criminal mischief, subject to conditions requiring regular reporting, availability for interrogation, and surrender after bail expiry.

What did the court decide?

Anticipatory bail granted for one month, conditional upon execution of a bond with sureties and compliance with specific reporting and behavioural conditions.

Biju and Others Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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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 V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Bail Appl..No. 381 of 2009() ----------------------------

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CRIME NO. 296/2008 OF KANNUR CITY POLICE STATION

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PETITIONER (S): ACCUSED

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BIJU, S/O. BALAN, AGED 36, NALAKKATH, P.O. THAYYIL, KANNUR-3.

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SUNIL, S/O. BABU, AGED 35 YEARS, MANAKKAN, P.O. THAYYIL, KANNUR-3.

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RAJEEVAN, S/O. GOPAN, AGED 35, POOVI VALAPPIL, P.O. THAYYIL, KANNUR-3.

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UDAYAN, S/O. GOPAN, AGED 35 YEARS, ANJALI NIVAS, P.O. THAYYIL, KANNUR-3.

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BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL

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RESPONDENT(S): COMPLAINAN T

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STATE OF KERALA, REPRESENTED BY S.H.O KANNUR CITY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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B.A.No. 381 of 2009

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13^rd day of March, 2009

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O R D E R

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In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused 1 to 4 in Crime No.296/2008 of Kannur City Police Station for offences punishable under Sections 323, 324, 354, 427, 452 read with section 34 IPC, seek anticipatory bail.

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I heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Having regard to the allegations levelled against the petitioners, the relative conduct of the parties, the nature of legal injury sustained by the injured and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions:

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The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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BA 381/09 -2-

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The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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The petitioners shall not commit any offence while on bail.

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On the expiry of the aforesaid period, the petitioners shall surrender before the Magistrate concerned and seek regular bail.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This application is allowed as above.

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V. RAMKUMAR, JUDGE.

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mn.

Biju and Others v. State of Kerala

Case brief

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Biju and Others v. State of Kerala

Case brief

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