Allowed

Arun & Others v. State of Kerala

Kerala HC22 Jul 2011Bail Appl./5347/2011

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to accused persons facing charges of affray and assault on a doctor, subject to conditions including periodic reporting and prohibitions on witness tampering, after they complied with a prior order to appear.

What did the court decide?

Anticipatory bail granted subject to execution of bond for Rs. 10,000/- each with two solvent sureties, and compliance with reporting and non-interference conditions.

Arun & Others Vs State of Kerala — Bail and Remand | Kerala HC (2011)

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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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FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933

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Bail Appl..No. 5347 of 2011() ----------------------------CRIME NO.464/2011 OF EAST KALLADA POLICE STATION, KOLLAM

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PETITIONERS(S): ACCUSED 2-5

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ARUN, S/O.AYYAPPAN, AGED 34 YEARS, CHAPRAYIL VEEDU, KANDRANKANI, MANDROTHURUTHU P.O., KOLLAM.

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VINOD, S/O.VISWAMBHARAN, AGED 34 YEARS, RADHANILAYAM, KANDRANKANI, MANDROTHURUTHU P.O., KOLLAM.

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SASIDHARAN, S/O.SANKARAN, AGED 58 YEARS, SAJITHA BHAVAN, KANDRANKANI, MANDROTHURUTHU P.O., KOLLAM.

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SAJU, S/O.SASIDHARAN, 28 YEARS SAJITHA BHAVAN, KANDRANKANI, MANDROTHURUTHU P.O., KOLLAM.

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BY ADV. SRI. K.SIJU

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SMT.BINDU GEORGE

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RESPONDENT(S): ---------------

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STATE OF KERALA REPRESENTED BY

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SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A.No.5347 of 2011

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Dated this the 22nd day of July, 2011

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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.2 to 5 in Crime No.464 of 2011 of East Kallada Police Station, Kollam District.

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The offences alleged against the petitioners are under Sections 143, 147, 294(b), 353 and 451 read with Section 149 of the Indian Penal Code.

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The prosecution case is that on 21.6.2011, the accused persons forcibly entered into the Primary Health Centre where the de facto complainant is working as a Doctor, abused him and prevented him from discharging his official duties.

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When the Bail Application came up for admission on

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BA 5347/2011

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11.7.2011, the following order was passed :

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“4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 18^th July, 2011.

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Post on 22^nd July, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.464 of 2011 of East Kallada Police Station, until further orders.

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The petitioners shall produce a copy of this order before the investigating officer.”

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It is submitted by the learned counsel for the

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petitioners as well as the learned Public Prosecutor that the direction in the order dated 11.7.2011 has been complied with by the petitioners.

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BA 5347/2011

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Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 11.7.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners.

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There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 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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BA 5347/2011

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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.

K.T.SANKARAN

JUDGE

csl

Arun & Others v. State of Kerala

Case brief

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Arun & Others v. State of Kerala

Case brief

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