Allowed

P.Girish Kumar v. State

Kerala HC7 Apr 2010Bail Appl./256/2010

Case brief

AI extract

What is this about?

A High Court judge granted anticipatory bail to three accused persons facing charges of rioting, assault, and attempting to murder under various sections of the IPC. The court noted compliance with a prior direction to meet the investigating officer and imposed standard bail conditions.

What did the court decide?

Anticipatory bail allowed subject to executing a bond of Rs. 15,000/- with two sureties and complying with reporting and non-interference conditions.

P.Girish Kumar Vs State — Anticipatory Bail | Kerala HC (2010)

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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 K.T.SANKARAN

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WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932

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Bail Appl..No. 256 of 2010()

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---------------------------(CRIME NO.62 OF 2009 OF PAYYANNUR POLICE STATION, PAYYANUR, KANNUR DISTRICT)

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ACCUSED NO.1,2 & 4

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P.GIRISH KUMAR, S/O. VASUKUTTAN, AGED 30 YEARS, PATHALIL HOUSE,P.O.VELLOOR, TALIPARAMBA, KANNUR DISTRICT.

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E.BHASKARAN, S/O. KUNHIRAMA PODUVAL, AGED 55 YEARS, EDICHERI HOUSE, P.O.VELLOOR, TALIPARAMBA, KANNUR DISTRICT.

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SANEESH.T.V, S/O.KUNHIRAMAN, AGED 28 YEARS, THAZHATH VALAPPIL HOUSE, P.O.VELLOOR, TALIPARAMBA, KANNUR DISTRICT.

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BY ADV. SRI.M.SASINDRAN

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RESPONDENTS: COMPLAINANT

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

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THE STATION HOUSE OFFICER, (CRIME NO.62 OF 2009 OF PAYYANNUR POLICE STATION) PAYYANNUR, KANNUR DISTRICT.

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PUBLIC PROSECUTOR SRI.C.M.KAMAPPU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No. 256 of 2010

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Dated this the 7^th day of April, 2010

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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. 1, 3 and 5 in Crime No. 62/2009 of Payyannur Police Station, Kannur District.

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The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 341, 307, 427 and 435 read with Section 149 of the Indian Penal Code.

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When the Bail Application came up for hearing on 23.03.2010, the following order was passed:

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“After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 27^th and 28^th March, 2010. The petitioners shall produce a copy of the

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B.A. No. 256 of 2010 2

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order before the investigating officer.

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Post on 07.04.2010.

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It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.62/2009 of Payyannur Police Station, Kannur District.

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Hand over copy to both sides.”

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It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 23.03.2010.

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Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release

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them on bail on their executing bond for Rs.15,000/- 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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B.A. No. 256 of 2010 3

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A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on alternate 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) 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 above.

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K.T. SANKARAN, JUDGE

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P.Girish Kumar v. State

Case brief

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P.Girish Kumar v. State

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