Allowed

Abhilash v. State of Kerala

Kerala HC19 Mar 2014Bail Appl./1787/2014

Case brief

AI extract

What is this about?

The High Court of Kerala, in a bail application filed by two accused under sections 354, 323, and 427 IPC, granted anticipatory bail. The court directed surrender within ten days, issuance of bond with sureties, and imposition of specific conditions to prevent tampering with evidence or fleeing the country while awaiting further orders.

What did the court decide?

Grant of anticipatory bail subject to surrender, bond execution with sureties, deposit of money, and strict conditions to prevent tampering and proof of identity.

Abhilash 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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WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935

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Bail Appl..No. 1787 of 2014 (C)

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CRIME NO. 232/2014 OF PUTHOOR POLICE STATION , KOLLAM

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ACCUSED(S)/PETITIONERS:

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1. ABHILASH AGED 36 YEARS S/O.VIMALAN, CHARUVILA PUTHEN VEEDU KULAKKADA KIZHAKKU MURI, KULAKKADA VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT

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2. BIJU AGED 23 YEARS

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S/O.VASUDEVAN, ANANDA VILASAM, KULAKKADA KIZHAKKU MURI KULAKKADA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT

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BY ADV. SRI.K.V.ANIL KUMAR

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COMPLAINANT(S)/RESPONDENT:

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

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2014, 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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B.A. No. 1787 of 2014 (C)

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Dated this the 19^th day of March, 2014

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O R D E R

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Petitioners are accused in Crime No.232/2014 of Puthoor Police Station, Kollam District. Offences alleged are under sections 354, 323 and 427 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 2.2.2014 at about 7.15 pm, when the complainant was sitting on a chair in the sit out, she heard some noise and when she lighted the torch the accused persons questioned why she has lighted the torch. It is also alleged that the 2^nd accused, Biju caught hold of her tuft and the 1^st accused, Abhilash pulled her nighty. When a friend of her husband reached there on the motor cycle belonging to the complainant's husband, the accused attacked him also and damaged the motor cycle causing a

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B.A. No. 1787/2014 (C)

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loss of Rs.2,000/-.

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The learned counsel for the petitioners submits that the allegations are not true.

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Considering all the aspects the following directions are issued:

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The petitioners shall surrender before the Investigating Officer within ten 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 petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five 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

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B.A. No. 1787/2014 (C)

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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 petitioners shall make themselves available for interrogation by the Investigating Officer and shall 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 petitioners shall surrender their original 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 petitioners will also file an 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

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B.A. No. 1787/2014 (C)

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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 petitioners shall not leave India without the prior permission of the learned Magistrate.

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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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g. The petitioners shall deposit a sum of Rs.1,000/- (Rupees One thousand only) each before the trial court.

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Sd/N.K. BALAKRISHNAN, JUDGE

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//True Copy//

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P.A. to Judge

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jjj

Abhilash v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abhilash v. State of Kerala

Case brief

What is this about?

What did the court decide?

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