Allowed

Abhilash v. State of Kerala

Kerala HC16 Jan 2013Bail Appl./141/2013

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to the 3rd accused, Abhilash, charged under Sections 452, 294(b), and 506 IPC for trespass and assault. The court found him to be in a fit case, allowing his surrender before the Investigating Officer by a fixed date with specific conditions regarding reporting and non-interference. The order includes provisions for executing a bond with sureties. Th

What did the court decide?

Anticipatory bail granted with conditions to surrender before the Investigating Officer, execute a bond of Rs. 10,000, report every Wednesday, and refrain from tampering with evidence or influencing w

Abhilash Vs State of Kerala — Anticipatory Bail | Kerala HC (2013)

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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 P.BHAVADASAN

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WEDNESDAY, THE 16TH DAY OF JANUARY 2013/26TH POUSHA 1934

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Bail Appl..No. 141 of 2013 ()

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CRIME NO. 2023/2012 OF THAMPANOOR POLICE STATION , THIRUVANANDAPURAM DISTRICT

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APPLICANT/3RD ACCUSED:

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ABHILASH, AGED 23 YEARS, S/O.MANIYAN,T.C.21/1456,THYCAUD P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.JELSON J.EDAMPADAM

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RESPONDENT/COUNTER PETITIONER:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.BHAVADASAN, J

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-----------------------------------------

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B.A No.141 of 2013

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Dated this the 16^th day of January, 2013

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O R D E R

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The petitioner is the 3^rd accused in Crime

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No.2023/2012 of Thampanoor Police Station for having committed offence punishable under Section 452, 294(b) and Section 506(ii) r/w 34 IPC.

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The allegation against the petitioner is that, on 10.12.2012 at about 1.30 am. the petitioner along with others trespassed into the house of the defacto complainant and attacked him. The petitioner alleged to have been carrying dangerous weapons.

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The learned counsel for the petitioner pointed out that the petitioner has no role to play in the incident and at the time of the incident he was with his child at hospital, which would evident from Annexure II, produced along with the petition. Therefore the petitioner seeks anticipatory bail.

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The learned Public Prosecutor pointed out that the investigation is at the initial stage.

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After having learned the learned counsel for the petitioner and the learned Public Prosecutor and also after having considered the documents produced along with the

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: 2:

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B.A No.141 of 2013

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petition and also the nature of allegations, it is felt that this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioner. Accordingly, the petition is allowed as follows:

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i) The petitioner shall surrender before the Investigating Officer on or before 22.1.2013 who after interrogation shall produce him before the JFCM concerned and on an application for bail being moved by the petitioner, the learned Magistrate shall release the petitioner on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court.

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ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail.

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Iii) The petitioner shall report before the Investigating Officer concerned on every Wednesday until further orders.

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iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

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v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.

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Sd/-

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P.BHAVADASAN Judge

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//True Copy//

Abhilash v. State of Kerala

Case brief

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Abhilash v. State of Kerala

Case brief

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