Allowed

Sasi @ Raja Gopal v. State of Kerala

Kerala HC17 Oct 2011Bail Appl./6347/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, who was the third accused in an offence involving grievous hurt and possession of arms, after observing his compliance with a prior direction to appear before the investigating officer. Bail was subject to standard conditions and a sum of `10,000/-.

What did the court decide?

Granted anticipatory bail subject to execution of bond for `10,000/- with two sureties and conditions to report to investigating officer and not tamper with evidence.

Sasi @ Raja Gopal 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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MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933

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Bail Appl..No. 6347 of 2011

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CRIME NO.981 OF 2011 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER/3RD ACCUSED NO.3:

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SASI @ RAJA GOPAL, AGED 66 YEARS, S/O. MADHAVAN, MAMBALLI NIVAS, MARUTHUR, CHAYIKOTTUKONAM P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.G.SUDHEER

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RESPONDENT: COMPLAINANT

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

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PUBLIC PROSECUTOR SRI.K.K.RAJEEV

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appl. NO. 6347 of 2011

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Dated this the 17^th day of October, 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 petitioner is the third accused in Crime No.981 of 2011 of Neyyattinkara Police Station, Thiruvananthapuram District.

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The offences alleged against the accused are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

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When the Bail Application came up for admission 3^rd October, 2011, the following order was passed:

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“3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted that no serious injuries were caused as a result of the assault made by the third accused.

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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

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Bail Appl. NO.6347 of 2011

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should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 7^th and 8^th October, 2011.

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Post on 13^th October, 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.981 of 2011 of Neyyattinkara Police Station, till 18^th October, 2011.

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The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.

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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 3^rd October, 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 3^rd October, 2011 has been

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Bail Appl. NO.6347 of 2011

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

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

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c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

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d) The petitioner 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

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above.

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ahz/

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(K.T.SANKARAN) Judge

Sasi @ Raja Gopal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sasi @ Raja Gopal v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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