Allowed

Rajesh v. State of Kerala

Kerala HC5 Apr 2010Bail Appl./886/2010

Case brief

AI extract

What is this about?

The Kerala High Court allowed an application for anticipatory bail filed by Rajesh, an accused in a case involving Section 148 IPC (unlawful assembly). The court imposed conditions including appearing before the investigating officer on alternate Mondays, undergoing interrogation, not influencing witnesses, and not committing further offences. Bail is on a bond of Rs. 15,000 with two sureties.

What did the court decide?

Anticipatory bail granted on a bond of Rs. 15,000 with two sureties, subject to conditions of alternate weekly reporting, interrogation attendance, non-tampering with witnesses, and no further crimina

Rajesh Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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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 5TH APRIL 2010 / 15TH CHAITHRA 1932

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Bail Appl..No. 886 of 2010(E) -------------------------------------CRIME NO.246/2009 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED 3: ---------------------------------------RAJESH, S/O.RAJU, KUNJUVEETTUVILA VEEDU, KARODU.P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM.

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BY ADV. SRI.SUMAN CHAKRAVARTHY

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RESPONDENT/ COMPLAINANT: ------------------------------------------STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SRI. TEKCHAND, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No. 886 of 2010

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Dated this the 5^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 petitioner is accused No.3 in Crime No.246/2009 of Pozhiyoor Police Station, Thiruvananthapuram District.

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The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 427 and 308 read with Section 149 of the Indian Penal Code.

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When the Bail Application came up for hearing on 22.03.2010, the following order was passed:

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“After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 26^th and 27^th March, 2010. The petitioner shall produce a copy of the

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B.A. No. 886 / 2010 2

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order before the investigating officer.

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Post on 05.04.2010.

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It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.246/2009 of Pozhiyoor Police Station, Thiruvananthapuram District.

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Hand over copy to both sides.”

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It is submitted by the learned counsel for the petitioner

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and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 22.03.2010.

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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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs. 15,000/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 petitioner 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.A. No. 886 / 2010 3

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

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

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D) The petitioner 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

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above.

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K.T. SANKARAN, JUDGE

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Rajesh v. State of Kerala

Case brief

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Rajesh v. State of Kerala

Case brief

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