Allowed

Umeshan v. State of Kerala

Kerala HC3 Aug 2011Bail Appl./5463/2011

Case brief

AI extract

What is this about?

The Court allowed anticipatory bail to the petitioner, an accused under Section 328 IPC, in Crime No.237 of 2011. Bail was granted subject to conditions including appearance for interrogation and non-influence of witnesses.

What did the court decide?

Anticipatory bail granted subject to a bond of Rs. 10,000 with two sureties and conditions to appear for interrogation and not influence witnesses.

Umeshan Vs 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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WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933

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Bail Appl..No. 5463 of 2011()

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----------------------------(CRIME NO.237/2011 OF ADHUR POLICE STATION, KASARAGOD DT.)

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ACCUSED

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UMESHAN, S/O. MUTTANNA NAIK, PANDY, ADHUR VILLAGE, KASARAGOD.

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BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 237/201 OF ADHUR POLICE STATION, KASARAGODF DISTRICT)

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BY P.P.SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B. A.No.5463 of 2011

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Dated this the 3^rd day of August, 2011

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ORDER

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.237 of 2011 of the Adhur Police Station, Kasaragod District.

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2. The offence alleged against the petitioner is

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under Section 328 of the Indian Penal Code.

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When the Bail Application came up for admission on 21^st July, 2011, the following order was passed:

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“ 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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4. The learned Public Prosecutor explained the details of the investigation and the evidence so far collected.

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5. 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 petitioner should be

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B. A.No.5463 of 2011

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directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 27/07/2011 and 28/07/2011.

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6. Post on 03/08/2011.

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It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.237 of 2011 of Adhur Police Station, till 06/08/2011.

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

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

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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 petitioner, 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 `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount

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B. A.No.5463 of 2011

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to the satisfaction of the officer concerned, subject to the following conditions:

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

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

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c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail.

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d) 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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Umeshan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Umeshan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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