Disposed

Boroster v. State of Kerala

Kerala HC7 Aug 2012Bail Appl./5487/2012

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner accused under Sections 353 and 179 IPC. The court imposed conditions including surrender within two weeks, posting surety bonds, appearing for weekly interrogation, and restricting movement from Kerala without permission.

What did the court decide?

Anticipatory bail granted on conditions including surrender within two weeks, execution of bond with sureties, weekly interrogation appearances, and restriction on leaving Kerala.

Boroster Vs State of Kerala — Anticipatory Bail | Kerala HC (2012)

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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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TUESDAY, THE 7TH DAY OF AUGUST 2012/16TH SRAVANA 1934

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Bail Appl..No. 5487 of 2012

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CRIME NO.370 OF 2012 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONER/ACCUSED NO.2:-

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BOROSTER, AGED 42 YEARS S/O.JOHNSON PARAYILKONATHU MELE VEEDU KALLAYAM P.O THIRUVANANTHAPURAM

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BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR

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RESPONDENT/COMPLAINANT(S):

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE VATTAPPARA

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BY PUBLIC PROSECUTOR SMT. JASMINE V.H.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N. K. BALAKRISHNAN, J.

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=================

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B. A. No. 5487 of 2012

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=================

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Dated this the 7^th day of August, 2012

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O R D E R

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Petitioner is the second accused in Crime No. 370 of 2012 of Vattappara Police Station. Offences alleged against him are under sections 353 and 179 r/w section 34 IPC and section 117(E) of the Kerala Police Act. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 11-6-2012 at 2 p.m. police officials went to the house of the mother of one Noble to enquire about the persons who had attacked one Prathapan. While the police reached near that house they found some persons sitting near a two wheeler bearing registration No.KL-21 5668. When the police officials approached them, they assaulted the police officials and suddenly escaped from the scene.

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The learned Public Prosecutor submits that the petitioner is involvled in five other crimes, out of which one is under section 302 IPC, two other crimes are also under

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B.A.No.5487/2012 - 2 -

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the provisions of Explosive Substances Act, another crime is under section 307 IPC. Another crime is under section 452 IPC and other sections.

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Considering all the aspects, the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the petitioner shall be produced before the learned Magistrate. When applied for bail by petitioner, the learned Magistrate will, considering the nature of the case, grant bail to him but on the following conditions:

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a) The petitioner 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 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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b) The petitioner shall make himself available for

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B.A.No.5487/2012 - 3 -

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interrogation by the Investigating Officer and 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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c) The petitioner shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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d) The petitioner will also file an affidavit stating 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 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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e) The petitioner shall not leave the State of Kerala without permission of the court.

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f) The learned Magistrate will also ensure the

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B.A.No.5487/2012

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identity of the sureties by insisting production of electoral photo identity cards/driving licence etc.

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N.K. BALAKRISHNAN, JUDGE

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Boroster v. State of Kerala

Case brief

What is this about?

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Boroster v. State of Kerala

Case brief

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