Allowed

Priyesh v. State of Kerala

Kerala HC7 Jul 2014Bail Appl./4722/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner, the fourth accused in a criminal case regarding an attack motivated by political enmity. The court found custodial interrogation unnecessary and ordered release on bail under specific conditions.

What did the court decide?

Petitioner granted bail in Crime No.1380 of 2013 with bond of Rs. 25,000 and two sureties on conditions of appearing on 14.07.2014 and not influencing witnesses.

Priyesh 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 THOMAS P.JOSEPH

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MONDAY, THE 7TH DAY OF JULY 2014/16TH ASHADHA, 1936

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Bail Appl..No. 4722 of 2014 ()

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------------------------------CR. NO. 1380/2013 OF TALIPARAMBA POLICE STATION.

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PETITIONER/A4:

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PRIYESH. M.P., S/O.NARAYANAN, AGED 33 YEARS, MULLAN PERUMTHATTIL IYYUR, KURUMATHUR P.O., TALIPARAMBA TALUK, KANNUR DISTRICT.

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BY ADVS. SRI.P.NARAYANAN, SRI.NICHOLAS JOSEPH.

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RESPONDENT(S):

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STATE OF KERALA, THROUGH STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR MR.SREEJITH. V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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THOMAS P. JOSEPH, J.

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=========================== Bail Appl.No. 4722 of 2014 -----------------------------------------------Dated this the 7^th day of July, 2014

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ORDER

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Petitioner is the fourth accused in Crime No. 1380 of 2013 of Taliparamba Police Station for the offences punishable under Sections 143, 147, 341, 323, 324 and 307 r/w Section 149 of Indian Penal Code, apprehend arrest and has filed the application.

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Learned Public Prosecutor has opposed the application. It is submitted that on 6.12.2013 at about 8.15 p.m., the petitioner and others attacked the de-facto complainant due to political enmity. Final report in the case is filed in the JFMC, Thaliparamba on 19.4.2014.

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The learned counsel submits that some of the accused are granted bail by this Court as per order dated 27.1.2014 in B.A. No. 507 of 2014. It is submitted that the case is taken on file by the learned JFM,Thaliparamba as C.P.No. 59 of 2014.

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In view of the above, I am satisfied that custodial interrogation of the petitioner is not required. Hence, I am

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B.A. No. 4722 of 2014

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inclined to grant bail.

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The application is allowed as under:

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The petitioner is granted bail in Crime No.1380 of 2013 of the Thaliparamba Police Station (CP No.59 of 2014 f the JFMC, Thaliparamba).

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The petitioner shall appear before the learned JFMC, Thaliparamba on 14.07.2014.

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On such appearance, the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond for 25,000/-₹ (Rupees twenty five thousand only) with two sureties each for the like sum to the satisfaction of the learned JFM, Thaliparamba and subject to the following conditions:

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a. One of the sureties shall be a close relative of the petitioner.

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b. Petitioner shall report to the officer investigating Crime No. 1380 of 2013 of Thaliparamba Police Station if and when required

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B.A. No. 4722 of 2014

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for interrogation.

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c. Petitioner shall not get involved in any offence during the period of this bail.

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d. Petitioner shall not intimidate or influence the witnesses.

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f. In case any of condition Nos. (b) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned, for the cancellation of the bail granted hereby, as held in P.K. Shaji v. State of Kerala (AIR 2006 SC 100).

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THOMAS P. JOSEPH, JUDGE

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kp/-

Priyesh v. State of Kerala

Case brief

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Priyesh v. State of Kerala

Case brief

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