Allowed

Sudheer.v v. State of Kerala

Kerala HC5 Feb 2014Bail Appl./671/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to accused persons charged with offences under the Indian Penal Code. The order mandates surrender for interrogation, cooperation with the investigation, and periodic reporting, subject to specific conditions.

What did the court decide?

Petitioners granted bail upon executing a bond for Rs.25,000/- each with two sureties and complying with conditions regarding surrender, interrogation, and reporting.

Sudheer.v 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 THOMAS P.JOSEPH

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WEDNESDAY, THE 5TH DAY OF FEBRUARY 2014/16TH MAGHA, 1935

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Bail Appl..No. 671 of 2014 (D)

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[CRIME NO. 562/2013 OF EDAVANNA POLICE STATION ,MALAPPURAM DISTRICT]

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PETITIONERS/ACCUSED:

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1. SUDHEER.V, AGED 35 YEARS, S/O.VEERAN, VADAKKAN HOUSE, PATHAPPIRIYAM P.O., MALAPPURAM DISTRICT.

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2. ANEEZ BABU .K., AGED 31 YEARS, S/O. MUHAMMED, KALLINGAL HOUSE, PATHAPPIRIYAM P.O, MALAPPURAM DISTRICT.

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BY ADV. SRI.S.RAJEEV.

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RESPONDENTS/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031 (CRIME NO. 562/2013 OF EDAVANNA POLICE STATION, MALAPPURAM DISTRICT).

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2. STATION HOUSE OFFICER, EDAVANNA POLICE STATION, MALAPPURAM DISTRICT - 676 541, (CRIME NO.562/2013 OF EDAVANNA POLICE STATION, MALAPPURAM DISTRICT).

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BY PUBLIC PROSECUTOR SMT. LALIZA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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THOMAS P. JOSEPH, J

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B.A.No.671 of 2014

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Dated this the 5^th day of February, 2014

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ORDER

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Petitioners, as the learned Public Prosecutor say (as per the case diary dated 24-01-2014 and the consequent report), are accused Nos. 3 and 6 in Crime No.562 of 2014 of the Edavanna Police Station for the offences punishable under Sections 143, 147, 148, 323, 324 and 308 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.

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Learned Public Prosecutor as well as the learned counsel for the defacto complainant have opposed the application. It is submitted that on 16-12-2013 at about 10.00 p.m the petitioners and others attacked the defacto complainant and another with reapers and hands. Learned Public Prosecutor submits that five persons used reapers but three reapers could be recovered.

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Learned counsel for the petitioners has submitted that the offence under Section 308 of the Indian Penal Code is not attracted and that the other offence involved is Section 324 which is bailable. It is submitted that specific overt acts are attributed only to the first accused.

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I have gone through the relevant records including

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B.A.No.671 of 2014

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the wound certificates of the injured. Having regard to the relevant circumstances, I am inclined to grant relief but without affecting the investigation of the case.

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Application is disposed of as under:

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(i) Petitioners shall surrender before the Officer investigating Crime No.562 of 2014 of the Edavanna Police Station on 12.02.2014 at 10 a.m for interrogation.

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

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(iii) Petitioners shall co-operate with investigation of the

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case.

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(iv) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day. (v) On such production the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees Twenty five only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

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(a) Petitioners shall report to the officer investigating

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B.A.No.671 of 2014

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the case on every Saturday between 10 a.m and 12 p.m for a period of two months or until filing of the final report, whichever is earlier.

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(b) Petitioners shall report to the officer investigating the case as and when required for interrogation.

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(d) Petitioners shall not intimidate or influence the witnesses.

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(vi) In case the petitioners violates any of condition Nos. (a) to (d), bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K.Shaji Vs. State of Kerala (AIR

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2006 SC 100).

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THOMAS P. JOSEPH, JUDGE.

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Sudheer.v v. State of Kerala

Case brief

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Sudheer.v v. State of Kerala

Case brief

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