Allowed

Shine v. State of Kerala

Kerala HC6 Mar 2014Bail Appl./1555/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of the second accused in a case alleging affray with dangerous weapons. The Court held that since material witnesses were already examined, bail would not hinder investigation and directed release on bond upon arrest or surrender.

What did the court decide?

Bail application allowed; release on bond of ₹25,000 with two sureties upon arrest or surrender within 30 days.

Shine Vs State of Kerala — Murder and Culpable Homicide | 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 M.L.JOSEPH FRANCIS

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THURSDAY, THE 6TH DAY OF MARCH 2014/15TH PHALGUNA, 1935

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Bail Appl..No. 1555 of 2014 ()

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CRIME NO. 160/2014 OF VALAPPAD POLICE STATION , TRISSUR

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APPLICANT/ACCUSED NO.2

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SHINE, AGED 37 YEARS, S/O.SAHADEVAN, PATTALI HOUSE, EDAMATTOM, THRISSUR DIST.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT(S):

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SRI.C.RASHEED.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L.JOSEPH FRANCIS, J.

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Bail Application No.1555 of 2014

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Dated 6^th March, 2014

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O R D E R

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The petitioner is the second accused in Crime No.160 of 2014 of Valappad Police Station, Thrissur District. The said crime is registered against four accused persons, alleging offences punishable under Sections 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code. The petitioner is an astrologer by profession.

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The prosecution allegation is that on 18.1.2014 at 3 a.m., the four accused persons armed with dangerous weapon assembled together near Grameena Super Market, west to Edamuttom Centre with intention and preparation to inflict bodily injuries to the defacto complainant. A1 hit on the head using an iron rod. The friend of CW1 who attempted to interfere was hit on the left eye by 2^nd accused using granite stone, the third accused hit another friend of CW1 on the head, the 4^th accused hit CW1 and his friends on different parts of their body causing fracture below the left eye causing injury to the head, which would otherwise had even caused death, and

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B.A.No.1555/14

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thereby all the accused committed the offences.

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learned Public Prosecutor opposes the

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anticipatory bail application.

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Case Diary perused. Case Diary shows that almost all the material witnesses have been questioned by the Police and their statements are recorded. Therefore, granting of anticipatory bail at this stage will not adversely affect the investigation. Hence, this Bail Application is allowed.

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It is hereby directed that in the event of arrest of the petitioner in connection with the above case, he shall be released on bail on executing a bond for 25,000/- with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioner is directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioner surrenders before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, the petitioner shall be released on bail on executing a bond for 25,000/- with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case

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B.A.No.1555/14

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also, the petitioner is directed to appear before the Investigating Officer as and when required.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Shine v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shine v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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