Allowed

Mahesh Kumar v. State of Kerala

Kerala HC3 Feb 2014Bail Appl./632/2014

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application filed by the second accused in a case involving offences under Sections 294(b), 324, and 326 IPC. The court noted weapons were recovered and custodial interrogation was unnecessary but ordered police interrogation. Bail was granted subject to surrender, reporting, deposit of funds, and specific conduct conditions.

What did the court decide?

Petitioner granted bail on executing bond with deposit of `30,000/-, subject to reporting and surrender conditions.

Mahesh Kumar 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 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935

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Bail Appl..No. 632 of 2014 () ------------------------------

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CRIME NO. 47/2014 OF OCHIRA POLICE STATION , KOLLAM

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ACCUSED NO.2/PETITIONER:

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MAHESH KUMAR AGED 23 YEARS S/O.MANOHARAN PILLAI RESIDING AT CHALLOORTHEKKETHIL HOUSE, WARD NO.3 PRAYAR SOUTH, ALUMPIDIKA PO, KLAPPARA VILLAGE KARUNGAPPALLY TALUK, KOLLAM, 690 547.

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BY ADV. SRI.N.UNNIKRISHNAN

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RESPONDENTS/COMPLAINANT(S)/STATE:

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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. THE SUB INSPECTOR OF POLICE OCHIRA POLICE STATION, 690 526

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BY PUBLIC PROSECUTOR: ADV SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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=========================

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B.A.No.632 of 2014

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============================ Dated this the 03^rd day of February, 2014

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O R D E R

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Petitioner is the second accused in Crime No.47 of 2014 of the Ochira Police Station for the offences punishable under Secs.294(b), 324 and 326 r/w Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application.

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Learned Public Prosecutor has opposed the application. It is submitted that on 09.01.2014 at about 12a.m, the petitioner and others attacked the de facto complainant with iron rods.

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Learned counsel submits that the allegations are not true and that the petitioner and others were attacked by the de facto complainant and others.

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On hearing both sides it appears to me that the weapons are already recovered. As such, custodial interrogation of the petitioner does not appear to be necessary. At the same time, he has to be interrogated by the police. I must also protect the interest of the victims who suffered serious injuries including fractures.

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Resultantly this application is disposed of as under:

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(i) Petitioner shall surrender before the officer investigating Crime No.47 of 2014 of the Ochira Police Station on 10.02.2014 at 10 a.m for

B.A.No.632 of 2014

interrogation.

(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.

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(iii) Petitioner shall co-operate with the investigation of the case.

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(iv) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.

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(v) On such production, 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 for the like sum each to the satisfaction of the learned magistrate 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 deposit `30,000/- (Rupees Thirty Thousand Only) in a Nationalised Bank initially for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.

B.A.No.632 of 2014

compensation to the extent possible could be realised from the amount in deposit.

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(d) Petitioner shall report to the officer investigating Crime No.47 of 2014 of the Ochira Police Station on every Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.

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(e) Petitioner shall report to the Investigating Officer as and when required for interrogation.

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(f) Petitioner shall not get involved in any offence during the period of this bail.

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(g) Petitioner shall not intimidate or influence the witnesses.

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(h) In case the petitioner violates any of of condition Nos.(d) to (g), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).

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Sd/-

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THOMAS P.JOSEPH, JUDGE.

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Sbna

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True Copy

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P A to Judge

Mahesh Kumar v. State of Kerala

Case brief

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Mahesh Kumar v. State of Kerala

Case brief

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