Allowed

Unni @ Sreekumar v. State of Kerala

Kerala HC17 Oct 2011Bail Appl./7745/2011

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to a petitioner who was accused No. 2 in a case involving voluntary causing of hurt, culpable homicide not amounting to murder, and assault or using criminal force to offense modesty. The bail was conditioned on cooperation with investigation and specific reporting requirements.

What did the court decide?

Anticipatory bail granted subject to executing a bond for Rs. 10,000 with two sureties and compliance with conditions including alternate weekly reporting and cooperation with investigation.

Unni @ Sreekumar 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. 7745 of 2011

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CRIME NO.727 OF 2011 OF POOYAPALLY POLICE STATION, KOLLAM.

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PETITIONER/ACCUSED NO.2

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UNNI @ SREEKUMAR,S/O.SREEDHARAN PILLAI, THENGUVILA PADINJATTATHIL,KUDAVATTOOR PO, POOYAPALLY,KOLLAM DISTRICT.

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BY ADV. SRI.AJAYA KUMAR. G

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RESPONDENT:

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STATE OF KERALA, REP.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. 7745 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 accused No.2 in Crime No.727 of 2011 of Pooyapally Police Station, Kollam District.

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The offences alleged against the accused are under Sections 324, 308 and 354 read with Section 34 of the Indian Penal Code.

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When the Bail Application came up for admission on 4^th 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 seen that the overt acts which attract the offences under Sections 324 and 308 were alleged against accused No.1.

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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

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Bail Appl. NO.7745 of 2011

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question of granting anticipatory bail, the petitioner 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 11^th and and 12^th October, 2011.

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Post on 17^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.727 of 2011 of Pooyapally Police Station, till 20^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 4^th 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 4^th October, 2011 has been complied

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Bail Appl. NO.7745 of 2011

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:: 3 ::

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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 above.

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(K.T.SANKARAN) Judge

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ahz/

Unni @ Sreekumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unni @ Sreekumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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