Disposed

Suresh v. State of Kerala

Kerala HC7 Mar 2014Bail Appl./1508/2014

Case brief

AI extract

What is this about?

The Court directed accused in a case involving alleged sexual offence and other crimes to surrender for interrogation and noted that bail can be granted by the Magistrate subject to specific conditions regarding sureties, identity proofs, and movement restrictions.

What did the court decide?

Directors petitioners to surrender within seven days; Magistrate to grant bail subject to conditions regarding execution of bond, availability for interrogation, identity documents, and restriction on

Suresh Vs State of Kerala — Bail and Remand | 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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FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935

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Bail Appl..No. 1508 of 2014 (C)

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CRIME NO. 400/2014 OF KARUNAGAPALLY POLICE STATION , KOLLAM

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ACCUSED(S)/PETITIONERS/ACCUSED 1 TO 3:

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1. SURESH AGED 34 YEARS

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S/O.VAMADEVAN, KOCHUVEETTIL, THEKKEMURI

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VALLIKUNNAM, MAVELIKKARA, ALAPPUZHA.

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2. RAJESH, AGED 28 YEARS

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S/O.VAMADEVAN, -DO- -DO-

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3. PRABHAKARAN, AGED 38 YEARS

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S/O SANKARAN, KANANCHERIL, -DO- -DO-

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BY ADV. SRI.D.AJITHKUMAR

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COMPLAINANT(S)/RESPONDENT/STATE:

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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 07-03-2014, 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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==========================

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B.A. No. 1508 of 2014

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=================================== Dated this the 7^th day of March, 2014

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ORDER

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Petitioners are the accused in Crime No.400/2014 of Karunagappally police station, Kollam District. The offences alleged against them are under Secs.447, 294(b), 341, 323, 506(ii), 427 and 354 r/w 34 IPC. Apprehending arrest, this petition is filed.

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It is alleged that on 04.02.2014 at about 11.45AM, petitioners trespassed into the courtyard of the complainant's house. They attacked the complainant and her husband and also outraged the modesty of the complainant. The learned counsel for the petitioners submits that there was dispute between the staff of two buses regarding the time schedule and thus the complaint has been filed.

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Considering all the aspects the following

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-: 2 :-

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B.A No. 1508/2014

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directions are issued:

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The petitioners shall surrender before the Investigating Officer within seven 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, considering the nature of the case, grant bail to the petitioners but on the following conditions:

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a. The accused shall execute a bond for Rs.10,000/- (Rupees ten thousand only) each 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 themselves 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 their original

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-: 3 :-

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B.A No. 1508/2014

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passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they 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 accused shall not leave the State of Kerala without permission of the court.

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f. 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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das

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// True copy // PA to Judge

Suresh v. State of Kerala

Case brief

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Suresh v. State of Kerala

Case brief

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