Allowed

Suhara v. State of Kerala

Kerala HC10 Mar 2014Bail Appl./1350/2014

Case brief

AI extract

What is this about?

The Kerala High Court granted conditional anticipatory bail to the petitioner, the 3rd accused, apprehending arrest for trespass, assault, and criminal intimidation. Bail is subject to surrender, execution of a bond with sureties, production of documents, and appearing for interrogation.

What did the court decide?

Petitioner granted conditional bail on surrender for interrogation, bond with sureties, production of documents, and appearance before the Investigating Officer.

Suhara Vs State of Kerala — Anticipatory Bail | Kerala HC (2014)

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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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MONDAY, THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935

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Bail Appl..No. 1350 of 2014 ()

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CRIME NO. 1286/2013 OF WALAYAR POLICE STATION

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PETITIONER/3RD ACCUSED :-

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SUHARA, AGED 44 YEARS W/O.DAVOOD, RESIDING NEAR CENTRAL VILLAGE OFFICE KANJIKODE, PALAKKAD.

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BY ADVS.SMT.RADHIKA P.GOPINATH SMT.GIRIJA.L.

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RESPONDENT/COMPLAINANT :-

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

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.1350 of 2014

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Dated this the 10^th day of March 2014

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O R D E R

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Petitioner is the 3^rd accused in Crime No.1286/2013 of Walayar Police Station, Palakkad District. The offences alleged against him and other accused are punishable under Secs.448 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 9.12.2013 at 7.30 PM, petitioner and other accused persons, who are her son and son-in-law trespassed into the house of the complainant and attacked the complainant.

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Learned counsel for the petitioner submits that the parties are neighbours and that there was altercation on a trivial dispute. Only to wreck vengeance against the petitioner, this case has been falsely registered. It is also stated that other accused persons were already granted bail.

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Considering all the aspects the following

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B.A. No.1350 of 2014

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-: 2 :-

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directions are issued:

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The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions:

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a. The accused shall execute a bond for 10,000/-₹ (Rupees Ten 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 accused shall make herself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce her original passport

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B.A. No.1350 of 2014

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-: 3 :-

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before the learned jurisdictional Magistrate. If she is not having any valid passport, she should file an affidavit regarding the same before the Magistrate.

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

//True Copy//

P.A. To Judge

Jvt

Suhara v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suhara v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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