Allowed

Subhash v. the State of Kerala

Kerala HC8 Aug 2011Bail Appl./5384/2011

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by accused nos. 3 to 5 under Section 438 CrPC. The court granted anticipatory bail upon compliance of a previous direction to appear before the investigating officer, subject to a bond amount and specific conditions.

What did the court decide?

Anticipatory bail granted subject to a bond of Rs. 10,000 each with two solvent sureties and compliance with specified reporting and conduct conditions.

Subhash Vs the State of Kerala — Anticipatory Bail | 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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MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933

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Bail Appl..No. 5384 of 2011

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CRMP.567/2011 OF DISTRICT COURT, PATHANAMTHITTA CRIME NO.395 OF 2011 OF PATHANAMTHITTA POLICE STATION

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PETITIONERS/ACCUSED NO.3 TO 5

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SUBHASH, AGED 35 YEARS, THUNDIYANIKKUZHI HOUSE, NALKKALIKKALPADI,

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PATHANAMTHITTA.

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SARADA, AGED 50 YEARS, W/O. SURESH BABU, THUNDIYANIKKUZHI HOUSE, NALKKALIKKALPADI, PATHANAMTHITTA.

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SARAN, AGED 18 YEARS, S/O. SURESH BABU, THUNDIYANIKKUZHI HOUSE, NALKKALIKKALPADI,

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PATHANAMTHITTA.

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BY ADV. SRI.S.SHANAVAS KHAN

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RESPONDENT: COMPLAINANT

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

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PUBLIC PROSECUTOR SRI.V.MANU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appl. NO. 5384 OF 2011 E

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Dated this the 8^th day of August, 2011

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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.3 to 5 in Crime No.395 of 2011 of Pathanamthitta Police Station.

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The offences alleged against the petitioners are under Sections 342 and 332 read with Section 34 of the Indian Penal Code.

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When the Bail Application came up for admission on 8^th August, 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 25^th and 26^th July, 2011.

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B.A. NO. 5384 OF 2011

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:: 2 ::

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Post on 29.7.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.395 of 2011 of Pathanamthitta Police Station, till 1.8.2011.”

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It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 21^st July, 2011 has been complied with by the petitioners.

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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 21^st July, 2011 has been complied with by the petitioners, 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 them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) 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. 5384 OF 2011

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:: 3 ::

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a) The first 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) 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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ahz/

Subhash v. the State of Kerala

Case brief

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Subhash v. the State of Kerala

Case brief

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