Allowed

Avinash @ Syam v. State of Kerala

Kerala HC20 May 2014Bail Appl./3263/2014

Case brief

AI extract

What is this about?

In this bail application, the Kerala High Court granted anticipatory bail to the petitioner, a Sanskrit teacher charged with obstructing official duties and alleged abuse, finding him fit for bail on conditions.

What did the court decide?

Anticipatory bail granted by directing investigating officer to enlarge petitioner on execution of bond for ₹25,000 with two sureties for like amount.

Avinash @ Syam 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 B.KEMAL PASHA

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TUESDAY, THE 20TH DAY OF MAY 2014/30TH VAISAKHA, 1936

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Bail Appl..No. 3263 of 2014

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CRIME NO. 411/2014 OF ENATH POLICE STATION , PATHANAMTITTA

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PETITIONER(S)/ACCUSED NO.3:

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AVINASH @ SYAM, AGED 36 YEARS, S/O.SOMARAJAN, PALLINAZHIKATHU VEEDU, KALAYIKKU WEST MURI, MANNADY ADOOR, PATHANAMTHITTA DISTRICT.

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BY ADVS.SRI.K.SHAJ SRI.SAJJU.S

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RESPONDENT(S)/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, ENATHU POLICE STATION, ENATHU - 689 645.

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B. KEMAL PASHA, J.

B.A.No.3263 of 2014

Dated this the 20^th day of May, 2014

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ORDER

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Petition under section 438 Cr.P.C. The petitioner is the

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3^rd accused in Crime No.411 of 2014 of Enathu Police Station registered for the offences punishable under Sections 341, 323, 294(b), 353, 506(1) read with Section

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34 of the Indian Penal Code.

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2.The allegation against the petitioner is that on 04.04.2014 at about 9.00 p.m., when a power failure had occurred during the festival at the Mannady Mudippura Devi temple, the petitioner along with the other accused had obstructed the discharge of the official duties of the Receiver of the temple.

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3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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4.It has come out that the main allegation against the

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B.A.No.3263 of 2014

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petitioner is that he had abused the de facto complainant. It has come out that there is no allegation any physical assault on the side of the petitioner or any force or violence from his part. The main overt acts are alleged against accused Nos.1 and 2. It has been pointed out that the petitioner is a Sanskrit teacher.

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5.Considering the facts and circumstances of the case, the present stage of investigation and the submission made by the learned counsel for the petitioner, I am of the view that this is a fit case, in which anticipatory bail can be granted to the petitioner on conditions.

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In the result, the anticipatory bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for 25,000/- (Rupees₹ twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer

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B.A.No.3263 of 2014

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conducting arrest, and subject to the following terms

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and conditions:-

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I. The petitioner shall report before the investigating officer in between 9 a.m and 11 a.m once in a week, commencing from 22.05.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.

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II. The petitioner shall not tamper with the evidence or influence witnesses.

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III. The petitioner shall make himself available for interrogation as and when required by the investigating officer.

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IV. The petitioner shall not involve in any offence while on bail.

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It is made clear that violation of any of the conditions stipulated above will result in cancellation of bail.

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sd/-

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B. KEMAL PASHA, JUDGE.

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AMV

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/TRUE COPY/

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P.A.TO JUDGE

Avinash @ Syam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Avinash @ Syam v. State of Kerala

Case brief

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