Allowed

Nishad v. the State of Kerala

Kerala HC2 Aug 2011Bail Appl./5558/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two accused persons in a criminal case involving voluntarily causing hurt and causing hurt likely to cause death, subject to compliance with standard bail conditions and a monetary bond.

What did the court decide?

Anticipatory bail granted with directions to execute a bond of Rs. 10,000 each with two solvent sureties, subject to conditions of appearing for interrogation and refraining from influencing witnesses

Nishad Vs the State of Kerala — Murder and Culpable Homicide | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.T.SANKARAN

¶4

TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933

¶5

Bail Appl..No. 5558 of 2011

¶6

CRIME NO.276 OF 2011 OF PULPALLY POLICE STATION

¶7

PETITIONERS/ACCUSED NOS.1 AND 2:

¶8

¶9

NISHAD, AGED 29 YEARS, S/O.MATHEW, RESIDING AT PUTHANPURAKKAL HOUSE, PULPALLY POST, S.BATHERY TALUK, WAYANAD DISTRICT, PIN-673 579.

¶10

SHIJO VARGHESE, AGED 28 YEARS, S/O.VARGHESE, KUTTIEDAYIL HOUSE, PADICHIRA POST, PULPALLY, S.BATHERY TALUK,

¶11

WAYANAD DISTRICT, PIN-673 579.

¶12

BY ADV. SRI.A.V.JAMES

¶13

RESPONDENT: COMPLAINANT:

¶14

¶15

THE STATE OF KERALA, REP.PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY THE SUB INSPECTOR PULPALLY POLICE STATION IN CR.276/2011.

¶16

PUBLIC PROSECUTOR SRI.V.MANU

¶17

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

K.T.SANKARAN, J.

¶19

B.A. NO. 5558 OF 2011

¶20

Dated this the 2^nd day of August, 2011

¶21

O R D E R

¶22

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.276 of 2011 of Pulpally Police Station.

¶23

The offences alleged against the petitioners are under Sections 324 and 308 read with Section 34 of the Indian Penal Code.

¶24

When the Bail Application came up for admission on 14^th July, 2011, the following order was passed:

¶25

“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 20/07/2011 and 21/07/2011.

¶26

B.A. NO. 5558 OF 2011

¶27

:: 2 ::

¶28

Post on 27/07/2011.

¶29

It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.276 of 2011 of Pulpally Police Station, till 31/07/2011.”

¶30

It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 14^th July, 2011 has been complied with by the petitioners.

¶31

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 14^th 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:

¶32

B.A. NO. 5558 OF 2011

¶33

:: 3 ::

¶34

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

¶35

b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence;

¶36

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

¶37

d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

¶38

The Bail Application is allowed to the extent indicated above.

¶39

(K.T.SANKARAN) Judge

¶40

ahz/

Nishad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Nishad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manaf Vs State

Faizal a.Samad Vs State of Kerala, Rep. by Public Prosecut

K.J.Albert and Another Vs Station House Officer,Thoppumpady Police

M/S.Southern Weighing Instruments (P)Ltd Vs State of Kerala

Noorjahan Vs State of Kerala

Subair @ Subair Sabhahi and Another Vs State of Kerala and Another