Allowed

Sreekumar v. State of Kerala

Kerala HC21 Mar 2014Bail Appl./1954/2014

Case brief

AI extract

What is this about?

The Kerala High Court disposed of an anticipatory bail application filed by an accused facing charges for trespass, obscene acts, criminal intimidation, outraging modesty, and illegal possession of arms. The court directed surrender within 10 days and granted bail subject to strict conditions including bond execution, regular appearance for interrogation, surrender of passport, and prohibition on

What did the court decide?

Bail granted on conditions of surrender within 10 days, execution of bond with sureties, regular interrogation appearance, passport surrender, no inducement of witnesses, and prohibition on traveling

Sreekumar 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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FRIDAY, THE 21ST DAY OF MARCH 2014/30TH PHALGUNA, 1935

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Bail Appl..No. 1954 of 2014 ()

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CRIME NO. 54/2014 OF ADIMALY POLICE STATION, IDUKKI

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PETITIONER/ACCUSED :-

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SREEKUMAR, AGED 45 YEARS KURATHIKUDI TRIBAL SETTLEMENT COLONY PAZHAMBILLICHAL, MANNAMKANDAM VILLAGE IDUKKI DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE/COMPLAINANT :-

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

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2. SUB INSPECTOR OF POLICE ADIMALI POLICE STATION, IDUKKI- 685 586.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-03-2014, 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.1954 of 2014

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Dated this the 21^st day of March 2014

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O R D E R

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Petitioner is the accused in Crime No.54/2014 of Adimali Police Station, Idukki District. The offences alleged against him are punishable under Secs.452, 294(b), 506(ii) and 354 of IPC and Sec.25(1)(a) of Indian Arms Act. Apprehending arrest, this petition is filed for anticipatory bail.

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The allegation is that the accused trespassed into the residential house of the complainant on 9.1.2014 at 6 PM and threatened the complainant, who was then pregnant by about 9 months stating that after killing her husband, he will take her. At that time, her husband's sister and two children were also there.

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Learned counsel for the petitioner submits that the aforesaid allegation itself will unfold the fallacy of the case stated in the First Information Statement. It is also stated that the complaint was given after three days of the alleged incident. According to the petitioner, there has been a dispute between

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B.A. No.1954 of 2014

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-: 2 :-

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the complainant and the accused with regard to the boundary. It is stated that the petitioner is having neighbouring property.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the

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Investigating Officer within 10 days from today. After interrogation the petitioner shall be produced before the learned Magistrate. When applied for bail by the petitioner, 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 ₹20,000/(Rupees Twenty 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 himself 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 his original passport

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B.A. No.1954 of 2014

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-: 3 :-

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

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d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he 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 India 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,

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J UDGE.

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//True Copy//

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P.A. To Judge

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Jvt

Sreekumar v. State of Kerala

Case brief

What is this about?

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Sreekumar v. State of Kerala

Case brief

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