Partly allowed

Baby @Vavachi v. State of Kerala

Kerala HC20 Jul 2012Bail Appl./4536/2012

Case brief

AI extract

What is this about?

On a bail application for anticipatory bail in a case involving IPC offences of assault, mischief, obscene acts, and attempt to murder, the High Court granted bail with directives to surrender within two weeks and submit to interrogation.

What did the court decide?

Anticipatory bail granted subject to surrender within 2 weeks, execution of bond for Rs. 25,000 with sureties, regular appearance for interrogation, production of passport, and filing of affidavit.

Baby @Vavachi Vs State of Kerala — Kerala HC (2012) — LawSathi Research

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 20TH DAY OF JULY 2012/29TH ASHADHA 1934 Bail Appl..No. 4536 of 2012 () -----------------------------CRMP.1515/2012 of D.C. & SESSIONS COURT,KOLLAM CRIME NO:925/2012, KOLLAM DISTRICT

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ACCUSED(S)/ACCUSED NO.2:

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BABY @ VAVACHI, AGED 65 YEARS AGED 65 YEARS, W/O. GOPALAKRISHNAN, KAITHOOR MADOM PANAYAM VILLAGE, KUZHIYAM CHERRY, KOLLAM.

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BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM

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COMPLAINANT(S)/COMPLAINANT:

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1. STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM.

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2. SUB INSPECTOR OF POLICE,

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KUNDARA POLICE STATION, KUNDARA, KOLLAM.

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BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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JJJ

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N.K. BALAKRISHNAN, J.

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B.A. No: 4536 of 2012

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Dated this the 20^th day of July, 2012

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O R D E R

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The petitioner is the 2^nd accused in Crime No:925/2012 of Kundara Police Station, Kollam District. The offences alleged are under sections 323, 324, 448, 294(b) and 308 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 29.05.2012 at 3.00 p.m., the 1^st accused abused the complainant and stabbed him with a knife causing injury on his neck and kicked him down and fisted on various parts of his body. It is alleged that the 2^nd accused also beat on his back and leg of the complainant. It is seen that very serious injuries were caused on the body of the complainant. Serious allegations are against the 1^st accused.

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The learned counsel for the petitioner submits that the 1^st accused surrendered before the learned Magistrate

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B.A. No: 4536/2012

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and he has been remanded to police custody. It is further submitted that this petitioner is aged about 65 years. Since the 1^st accused, who is the main accused who was alleged to have committed very serious offence including offence under section 307 of IPC, has surrendered before Court, the following directions are issued.

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a. The petitioner shall surrender before the Investigating Officer within 2 weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioner

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b. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of

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B.A. No: 4536/2012

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the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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c. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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d. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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e. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he

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B.A. No: 4536/2012

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shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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f. The accused shall not leave the State of Kerala without the prior permission of the learned Magistrate.

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g. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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Sd/-

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N.K. BALAKRISHNAN, JUDGE

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//True Copy//

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P.A. to Judge

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jjj

Baby @Vavachi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Baby @Vavachi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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