Disposed

Sherin C.L. v. State of Kerala

Kerala HC11 Feb 2014Bail Appl./945/2014

Case brief

AI extract

What is this about?

This order in a bail application directed the accused to surrender for interrogation. The High Court instructed the Magistrate to grant bail on specific conditions including a bond, deposit, and restrictions on communication and tampering.

What did the court decide?

Accused directed to surrender; Magistrate directed to grant bail on conditions of bond, deposit, and appearance; Publication.

Sherin C.L. 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 N.K.BALAKRISHNAN

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TUESDAY, THE 11TH DAY OF FEBRUARY 2014/22ND MAGHA, 1935

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Bail Appl..No. 945 of 2014 () -----------------------------CRIME NO.65/2014 OF POZHIYOOR POLICE STATION, THIRUVANANDAPURAM

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APPLICANTS/ACCUSED 1 & 2 :-

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1. SHERIN C.L., AGED 24 YEARS S/O.CHARLES, CHANCHALAKUZHIVEEDU, ATTUPURAM KULATHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

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2. ANU, AGED 21 YEARS S/O.SOMAN, AJI BHAVAN, CHANCHALAKUZHI ATTUPURAM, KULATHOOR, NEYYATTINKARA THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING ERNAKULAM (SUB INSPECTOR OF POLICE POZHIYOOR POLICE STATION)

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-02-2014, 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.945 of 2014

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Dated this the 11^th day of February 2014

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O R D E R

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Petitioners are accused Nos.1 and 2 in Crime No.65/2014 of Pozhiyoor Police Station, Thiruvananthapuram. The offences alleged against them are punishable under Secs.143, 147, 148, 294(b), 506(ii), 452 and 427 r/w 149 of IPC.

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The alleged incident took place on 25.1.2014 at 10 PM. It is alleged that these two petitioners along with other accused persons formed themselves into an unlawful assembly, trespassed into the residential house of the complainant, used obscene words and destroyed the household articles causing a loss of about Rs.35,000/-.

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Learned counsel for the petitioners submits that there was a dispute with regard to the construction of a compound wall and that this case has been foisted making false allegations.

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Considering all the aspects, the following directions are issued :-

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The petitioners shall surrender before the

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B.A. No.945 of 2014

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-: 2 :-

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Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioners but on the following conditions:

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a. The accused shall execute a bond for Rs.10,000/(Rupees Ten Thousand only) each 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 themselves 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 their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence

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B.A. No.945 of 2014

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-: 3 :-

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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 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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f. In addition to all the above conditions, the petitioners shall also deposit a sum of Rs.3,000/- (Rupees Three Thousand only) each before the learned Magistrate.

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Sd/-

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N.K.BALAKRISHNAN,

J UDGE.

//True Copy//

P.A. To Judge

Jvt

Sherin C.L. v. State of Kerala

Case brief

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Sherin C.L. v. State of Kerala

Case brief

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