Allowed

Febin and Others v. State of Kerala

Kerala HC10 Aug 2011Bail Appl./5806/2011

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to five accused persons in a case involving unlawful assembly and criminal intimidation. The court noted compliance with a prior order requiring appearance before the investigating officer and imposed standard reporting and conduct conditions.

What did the court decide?

Anticipatory bail granted subject to conditions including appearance before the officer on alternate Mondays, attending for interrogation, and not influencing witnesses.

Febin and 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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WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933

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Bail Appl..No. 5806 of 2011

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CRIME NO.214 OF 2011 OF KALIYAR POLICE STATION, IDUKKI DISTRICT

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PETITIONERS: ACCUSED NOS.4 TO 8:

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FEBIN, S/O.FRANCIS, AGED 20 YEARS, VALARAYIL HOUSE, PARAPPUZHA P.O., KODIKULAM VILLAGE

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FELIX,S/O.FRANCIS, AGED 25 YEARS, VALARAYIL HOUSE, PARAPPUZHA P.O., KODIKULAM VILLAGE

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SANJU, S/O.SUGATHAN, AGED 34 YEARS, CHELACHUVATTIL HOUSE, KADAVOOR P.O., KADAVOOR VILLAGE

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SUNIL KUMAR, S/O.KUMARAN, AGED 35 YEARS VELAYIL HOUSE, PARAPPUZHA P.O., KODIKULAM VILLAGE

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TOMY, S/O.VARGHESE, AGED 39 YEARS, KORIYAKUNnEL HOUSE, PARAPPUZHA P.O., KODIKULAM VILLAGE

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BY ADV. SRI.S.RAJEEV SRI.A.C.THOMAS (PONKUNNAM)

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RESPONDENT: STATE:

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STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME.NO.214/2011 OF KALIYAR POLICE STATION, IDUKKI DISTRICT)

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PUBLIC PROSECUTOR SRI.V.MANU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appl. NO. 5806 OF 2011 ------------------------------------------------------

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Dated this the 10^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.4 to 8 in Crime No.214 of 2011 of Kaliyar Police Station, Idukki District.

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The offences alleged against the petitioners are under Sections 143, 147, 148, 326, 324, 323, 427 and 294(b) read with Section 149 of the Indian Penal Code.

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When the Bail Application came up for admission on 29^th July, 2011, the following order was passed:

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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 petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the

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B.A. NO. 5806 OF 2011

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petitioners to appear before the investigating officer on 4^th and 5^th August, 2011.

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Post on 10^th August, 2011.

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It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.214 of 2011 of Kaliyar Police Station, till 10^th August, 2011. ”

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It is submitted by the learned counsel for the petitioners that the direction in the order dated 29^th 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 29^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:

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B.A. NO. 5806 OF 2011

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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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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/

Febin and Others v. State of Kerala

Case brief

What is this about?

What did the court decide?

Febin and Others v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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